The Supreme Court has upheld the conviction of R. Baiju, a former Municipal Councillor and CPI(M) leader, for his role in the 2009 murder of a Congress activist. The Court dismissed his appeal, reinforcing the seriousness of his involvement in the crime that resulted in the death of the activist and injuries to his family.
In its ruling, the Court noted that although Baiju did not directly intend to kill the victim, his awareness that the attack could lead to death was indisputable. The murder stemmed from a confrontation earlier that day when Baiju visited the deceased’s home to sell mats. After the elderly man refused to purchase one, Baiju became aggressive, throwing the mat at him and taunting him to burn it if he didn’t want it.
The situation escalated when the victim’s son raised concerns about the forced sale of the mats in a local council meeting, where Baiju responded heatedly. Later that evening, Baiju’s associates launched a violent attack on the family, allegedly encouraged by Baiju’s inflammatory remarks.
Initially sentenced to death by a trial court, Baiju’s conviction was later modified by the Kerala High Court, which found him guilty under several sections of the Indian Penal Code and sentenced him to ten years in prison. He appealed this verdict to the Supreme Court, which upheld the High Court’s decision.
The Supreme Court concluded that Baiju’s involvement was clear. His presence at the scene, his past altercations with the family, and his exhortation to his associates to attack were decisive factors in the Court’s judgment. The Court also noted that despite not carrying weapons, the assailants picked up wooden logs on the premises and carried out the attack under Baiju’s watchful eye.
The Bench emphasized the political influence Baiju wielded, pointing out attempts to obstruct the investigation, particularly by a police officer sympathetic to the ruling party at the time. Additionally, the Court found no merit in Baiju’s claim that his role was no different from that of a co-accused who had been acquitted. The testimony of a prosecution witness, initially missing from the FIR due to alleged manipulation, was later corroborated and deemed credible.
In closing, the Supreme Court reiterated the notion that conspiracies are often conducted in secrecy, but can be established through actions, words, and the surrounding circumstances. Baiju’s conviction stands, marking a significant legal closure to a politically charged case.
