On Monday (26th February): The Kerala High Court is currently reviewing a plea to enhance the sentences of the convicts involved in the TP Chandrasekharan murder case. The prosecution has requested an enhancement of penalties for those convicted in the case. The court, led by a division bench, including Justice AK Jayasankaran Nambiar and Justice Kauser Edappagath, is hearing arguments from both sides. The proceedings aim to determine whether the sentences should be increased. The murder of Revolutionary Marxist Party leader Chandrasekharan occurred in Onchiyam, Kozhikode district, in 2012, and the court’s decision will have significant legal implications.
Kerala: On 26th February: The Kerala High Court convened on Monday to consider the prosecution’s request for heightened penalties for the individuals convicted in the 2012 TP Chandrasekharan murder case.
Presided over by a division bench comprising Justice AK Jayasankaran Nambiar and Justice Kauser Edappagath, the court also granted the convicts an opportunity to present their perspectives on the prosecution’s plea under Section 311 CrPC. The proceedings are set to resume on Tuesday, with a verdict expected thereafter.
Section 311 in The Code of Criminal Procedure, 1973
311. Power to summon material witness, or examine person present.
– Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.[311-A. Power of Magistrate to order person to give specimen signatures or handwriting.
[Inserted by Act of 2005, Section 27 (w.e.f. 23-6-2006).]
– If a Magistrate of the first class is satisfied that, for the purposes of any investitgation or proceeding under this Code, it is expedient to direct any person, including an accused person, to give specimen signatures or handwriting, he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or handwriting:
Provided that no order shall be made under this Section unless the person has at some time been arrested in connection with such investigation or proceeding.]
Background
Earlier, on February 19, the Kerala High court upheld the convictions in the murder case of Revolutionary Marxist Party leader Chandrasekharan, which occurred in Onchiyam, Kozhikode district, on May 4, 2012. Following a directive to correctional authorities to bring the convicts before the court, they appeared on Monday in response to the state government’s petition seeking enhanced sentencing.
In 2014, the Kozhikode Additional Sessions Court had imposed life imprisonment on 11 defendants, with varying jail terms for others involved. Notable among the convicted are CPI(M) local leaders KC Ramachandran and the late Kunhanandan. Chandrasekharan, aged 52 at the time, fell victim to a brutal attack by a gang while riding his motorcycle home.
In response to the heinous crime, the then-United Democratic Front government in Kerala established a special investigation team to probe the case.
READ ALSO: Supreme Court Directs AIIMS to Establish Board for Health Evaluation of NewsClick Founder
