Having examined the evidence, the High Court found that the victim’s refusal to purchase coir mats from Baiju had irritated him.
“The evidence on record as regards the manner in which the sixth accused reacted to the deceased when he refused to purchase coir mats from him and the manner in which the sixth accused reacted to PW2 when he raised the issue relating to the sale of coir mats in the Wad Council Meeting, establishes that the sixth accused entertained a grudge against the deceased and his son, PW2,” it said.
With that the trigger, the Court said the since the accused were members of a political party, it constitutes reasonable grounds to believe that there was a criminal conspiracy among them to attack the victim.
Having concluded that the accused had attacked the victim and Baiju’s inflated sense of self had led to it, the Court said,
“No individual, regardless of position, is above the law, and inciting violence for political gain, according to us, shall be met with utmost severity while imposing sentences in cases of this nature to preserve social harmony and justice, for harsh punishment would not only serve as a deterrent, but would also give a message to the society that instigators are equally, if not more, culpable than the individuals who carry out the crime.”
Source: Barandbench
