A Division Bench of the Kerala High Court on Thursday set aside the Thiruvananthapuram CBI Special Court’s order convicting and awarding life imprisonment to eight accused in the sensational case relating to the murder of Paul Muthoot George.
However, the sentence and conviction imposed on the accused on charges of unlawful assembly and voluntarily causing hurt by dangerous weapons or means and other charges would remain in force.
A total of nine accused were awarded life term and asked to pay a fine of ₹50,000 each by the sessions court. The court did not consider the case of the second accused Satheesh Kumar alias Kari Satheesh, who stabbed Paul George, as he did not file an appeal.
The Bench comprising Justice A.M. Shaffique and Justice N. Anilkumar passed the verdict while partially allowing the appeal filed by accused Jayachandran of Payippad, Sathar of Thrikodithanam, Sujith of Payippad, Akash Sasidharan of Payippad, Satheesh Kumar of Payippad, Rajeev Kumar of Payippad, Shino Paul of Payippad and Faisal of Mannanchery against the sentences awarded to them by the sessions court.
The 32-year-old businessman Paul Muthoot George was stabbed to death in a road rage incident at Ponga, on the Alappuzha-Changanassery road at the night of August 21, 2009
The Bench observed that even though it could be said that there was an unlawful assembly, it could not be stated that the accused had entertained a common object at any point of time to commit murder.
The evidence itself proves beyond doubt that Paul had suffered injuries at the hands of Kari Satheesh. It was nothing but a cold-blooded murder, the court said adding that it was, however, not a planned crime. Everything started when the Ford Endeavour car hit on the motorcycle.
The accused were proceeding towards Mannandanam to commit another crime. They never knew that such an incident would happen en route. Without knowing as to who was driving the car or who was the occupant, the first accused suddenly asked some of them to chase the car.
Their intention was to use criminal force. Therefore, formation of an unlawful assembly at that time by accused two to eight had been established. All the accused initially had only the intention to beat the driver of the car, but they might not have the intention to commit murder as such.
