The Kerala High Court stated that the seriousness of the crime alone cannot be a factor to support the conviction while releasing 4 RSS workers in a political murder case. Raveendran and Gopalakrishnan, the murdered were CPI (M) followers.
The prosecution had said that they produced a criminal conspiracy on 29 October 2007 at the BJP party office at Kadukkamkunnam to do away with the Gopalakrishnan and Raveendran due to previous enmity and petty political feud. They are supposed to commit murder while the murdered were returning from a marriage reception party.
One of the main arguments raised was the thumb impression of the deceased Raveendran that is said to have been affixed on FIS. According to them, there is a cut wound on the left thumb as per the inquest and postmortem report and hence it was quite impossible for him to put a thumb impression on FIS.
Restudying the evidence on record, the two-judge bench of Justice A. Hariprasad and Justice M. R. Anitha mentioned that the prosecution failed to prove the case beyond reasonable doubt and hence the suspects are entitled to get the benefit of the doubt.
The court said that the entire investigation is artificial due to the over anxiety and enthusiasm of the investigating agency. Just the seriousness of the crime cannot be considered as a factor to hold the execution unless the court is satisfied through the evidence brought by the investigating agency that it the accused has performed the crime. “Wherever a reasonable doubt arises in the mind of the court, benefit of the same should go to the accused," said the Court.
The Circle Inspector who was in charge of the investigation, during the inquest of Raveendran would depose that he hasn’t given any instructions to take the thumb impression of Raveendran. Then who initiated the fingerprint bureau to get the left-hand thumb imprint during the inquest is still a mystery, says the Court. This evidences would lead to the conclusion that the investigation was controlled by the higher authorities.