Madhu lynching case: Finally, Kerala court holds 14 people guilty, acquits two

Five years later on Tuesday, 4 April, a special court in Kerala’s Palakkad district held 14 people guilty of murdering the mentally ill and famished tribal man.

Two others were acquitted. The SC/ST (Prevention of Atrocities) Special Court at Mannarkkad will pronounce the quantum of punishment on Wednesday, 5 April, in what has come to be known as the Madhu lynching case.

Unprecedented developments

The prolonged trial witnessed several unprecedented developments with the state Forest Department even terminating the services of its personnel after they had turned hostile.

The Attappady village where Madhu was lynched. (Sourced)

Madhu’s sister Sarasu had earlier alleged that the accused had the custody of witnesses, who demanded money for not turning hostile.

In an unexpected move, the court, in September 2022, even ordered one of the witnesses, Sunil Kumar, to undergo an eye test after he had turned hostile. The Forest Department later terminated him from service.

The eye test was ordered after Kumar “failed” to recognise people — including himself — in footage screened in the court. The former forest official was seen standing next to Madhu when the mob captured him.

The medical examination found nothing wrong with Kumar. He then reverted to his original stand when re-examined.

The Forest Department also fired Kali, Abdul Razaq, and Anil Kumar after they, too, turned hostile.

More than 15 witnesses changed their statements in court, raising doubts about the outcome of the trial.

Also read: How justice is elusive for Attappady tribals

The guilty 14

Judge KM Ratheesh Kumar found Hussain Mecheriyil (first accused), Kilayil Maraikkar (second), Shamsudheen (third), Radhakrishnan (fifth), Abubacker (sixth), Siddique (seventh), Ubaid (eighth), Najeeb (ninth), Jaijumon (10th), Sajeevan (12th), Satheesh (13th), Hareesh (14th), Biju (15th) and Muneer (16th) guilty of various crimes.

The fourth and 11th accused, Aneesh and Abdul Kareem, respectively, were let off. While Aneesh recorded a video of the incident and circulated it, Kareem was accused of insulting Madhu, calling him a thief.

Also read: Nine out of 12 accused absconding after court quashes bail

The charges

Hussain: He was found guilty under Sections 323, 304, and 149 of the IPC. He went into the forest with the mob, captured Madhu, and brought him to Mukkali in Attappady, where he assaulted the tribal youth.

Maraikkar: Guilty under Sections 323, 304, and 149 of the IPC and SC/ST (POA) Act. Ganged up against Madhu, and was part of the crowd that captured and manhandled the victim.

Shamshuddeen: Convicted under Sections 323, 304, and 149 of the IPC and SC/ST (POA) Act. Tied up Madhu and hit him with a stick, fracturing the youth’s ribs.

Radhakrishnan: Guilty under Sections 323, 304, and 149 of the IPC and SC/ST (POA) Act. He bound Madhu’s hands with the victim’s dhoti after capturing him.

Abubacker, Siddique, Ubaid, Najeeb, Jaijumon, and Sajeevan: Guilty under Sections 323, 304, and 149 of the IPC and SC/ST (POA) Act. They were part of the mob that captured Madhu and assaulted him.

Ubaid also propagated the photographs of Madhu.

Najeeb drove the vehicle that went into the forest to capture him. The convict had also assaulted the youth.

Jaijumon found the provisions that Madhu had allegedly stolen from a grocery store. He made the tribal youth carry the “booty” to Mukkali.

Satheesh, Hareesh, Biju, and Muneer: Convicted under Sections 141, 143, 323, 326, 324, 304, and 149 of the IPC and and SC/ST (POA) Act. They were part of the gang that captured Madhu. Satheesh helped in tying up the youngster, besides assaulting him and electronically recording the incident.

Biju dragged Madhu from the forest and assaulted him

Muneer was also part of the gang, and he attacked Madhu with his knee.

Also read: Reprieve to 12 accused as HC stays lower court order quashing their bail

The case

On 22 February, 2018, a mob took a vehicle into the Ajamudi forest. and captured Madhu, aged 30, from a cave he had been living in.

Chindekki Ooru Mallan and Malli’s son Madhu was accused of frequent theft. The mob found the stolen items — rice and condiments — from the cave, which they forced the man to carry on his shoulder.

He was tied, dragged, and paraded to Mukkalikavala, where they continued to assault him.

Later, the police took Madhu into custody after an onlooker alerted them of the incident. The assaulted man vomited in the police vehicle and collapsed.

Though he was taken to Agali hospital, his life could not be saved. He died before receiving medical attention.

According to the post-mortem report, Madhu had injuries on the head and bruises all over his body, including broken ribs, as well as internal bleeding.

Several people, including those who attacked Madhu, had recorded videos of the incident. The videos went viral on social media, sparking an uproar both inside and outside the state.

The police arrested the accused men two days later. On 23 May, 2018, a chargesheet was filed against the 16 men. Eight days later, the High Court of Kerala granted conditional interim bail to all of them.

Also read: Attappady reports one more infant death

The trial

The trial started four years later. After two lawyers had quit, the government appointed C Rajendran as the special prosecutor. The trial began on 18 February, 2022.

Madhu’s family demanded the trial be stopped after witnesses, one after the other, started turning hostile. They wanted Rajendran to be replaced. The high court stayed the trial till 28 June, 2022.

A day after the resignation of Rajendran, the government appointed his deputy, Rajesh M Menon as the special public prosecutor.

Also read: Rahul Gandhi demands probe into tribal man’s death

Witness Protection Act invoked

The Witness Protection Act was invoked on 16 July, 2022, and the trial resumed two days later. It was then the Forest Department’s contract employee Anil Kumar turned hostile.

Meanwhile, Madhu’s family approached the police, saying the witnesses were demanding money to stick to their initial statements.

On 20 August, 2022, the trial court cancelled the bail of 12 accused for allegedly influencing witnesses. They challenged the cancellation in the high court and received a favourable order.

After Sunil Kumar’s eye examination, the high court cancelled the interim bail. The trial court later granted bail to 11 of the accused men. The court concluded hearing the arguments on 10 March, 2023.

Also read: How protruding teeth cost a Kerala tribal youth his dream job

Heavy security on day of verdict

The court delivered its verdict under heavy police security. Before the pronouncement of the verdict, the victim’s mother and sister said they expected Madhu will get justice.

“We expect a good verdict,” the victim’s mother said.

His sister said: “I believe my brother will get justice. We expect it to be a good verdict.”

Madhu, who was said to be mentally unsound, was living in a cave in the forest for the past several months, his family had said.

His mother and sister had said told television channels back in 2018 that a group of nearly 10-15 persons had gone to the forest and thrashed him for allegedly stealing food articles from some shops in the forest-fringe Agali town in Palakkad district.

Welcoming the verdict, activist PE Usha said the marginalisation and impoverishment of the tribals in Attappady persist despite the huge funds spent in the name of tribal development.

“Justice still eludes the tribal community. Poverty and malnutrition are still killing infants. The insensitivity of successive governments is the villain. Even for the autopsy of a tribal person murdered here, the service of the forensic surgeon is available only in a government hospital located 90 km away,” Usha, who works among the tribespeople, said.

After the lynching of Madhu, the government announced a massive project to identify and treat all mentally -ill tribals in Attappady. But it too remains a non-starter.

(With PTI inputs).