Kochi

The Kerala High Court on Monday acquitted the first accused in the 2018 lynching case of tribal youth Madhu in Attappadi, while partly allowing the state government's appeal seeking stricter punishment for the remaining convicts.

Madhu, a 27-year-old Adivasi man from Chindakki Ooru in Kerala’s Palakkad district, was assaulted and lynched by a mob in February 2018 after being accused of stealing food items from a shop. Photographs and videos showing him being humiliated and assaulted had sparked outrage across the state.

According to a lawyer associated with the matter, the High Court set aside the conviction and sentence of the first accused, Hussain, after concluding that the evidence against him was not reliable.

The court observed that two witnesses who identified Hussain were not present at the scene during the incident. Digital evidence presented before the bench showed that the witnesses were elsewhere at the relevant time.

The High Court also upheld the acquittal of the fourth and 11th accused, affirming the earlier verdict delivered by the Special Court for Scheduled Castes and Scheduled Tribes in Mannarkkad.

At the same time, the bench enhanced the punishment awarded to the 16th accused.

In April 2023, the Mannarkkad Special Court had convicted 14 of the 16 accused in the case. Thirteen of them were sentenced to seven years of rigorous imprisonment after being found guilty of culpable homicide not amounting to murder and related offences.

The 16th accused had been sentenced to three months’ simple imprisonment along with a fine of Rs 500, while the fourth and 11th accused were acquitted.

The Kerala government later challenged the trial court’s ruling in the High Court, arguing that the punishment awarded was too lenient considering the brutality of the crime.

The prosecution contended that the attack on Madhu was a cruel act committed against a tribal man and that the accused should have been convicted for murder under Section 302 of the Indian Penal Code instead of culpable homicide not amounting to murder.

The state also argued that oral testimonies, digital material, scientific findings and medical evidence presented during the trial clearly established the gravity of the offence and justified harsher punishment.

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Before pronouncing the verdict, the High Court had directed all accused persons to appear before it on May 25. Jail authorities were also instructed to produce the convicted individuals currently serving their sentences, while those out on bail were ordered to appear in person.