Kochi: The high court on Thursday orally remarked that the judgment of the sessions court in the case arising from the 2003 Muthanga agitation, which convicted and sentenced four accused to five years’ imprisonment, would have to be scrutinised.The court was considering an appeal filed by Adivasi Gothra Maha Sabha (AGMS) co-founder M Geethanandan and three other convicts challenging their conviction and sentence. The bench of Justice A Badharudeen also directed the sessions court to forward a copy of the order framing charges for its perusal in the appeal. Accordingly, the bench adjourned the matter to Aug 12.The sessions court, Kalpetta, had convicted and sentenced Geethanandan, along with Binu, Ramesan and Anil Kumar, for various offences, including unlawful assembly, rioting while armed with deadly weapons, kidnapping and attempt to murder. It had, however, acquitted the remaining 53 accused. The appellants contended that the trial court convicted and sentenced them after observing only that the offence of criminal conspiracy under IPC Section 120B was prima facie attracted against them, without recording a conclusive finding that the offence stood proved. They also submitted that the trial court failed to invoke Section 149, which fixes criminal liability on every member of an unlawful assembly for offences committed in prosecution of its common object.During the hearing, the court orally asked how Section 149 had been omitted when the other provisions relating to unlawful assembly under Chapter VIII of the IPC had been invoked. It therefore directed the trial court to forward a copy of the order framing charges against the appellants. However, the court declined, for the time being, to suspend the sentence and grant bail to the convicts. While refusing bail, the court noted that CBI’s counsel was absent and observed that it had to ascertain the exact charges framed against the accused. The bench accordingly adjourned the case to Wednesday.The case stems from the 2003 Muthanga agitation, in which the appellants, along with 53 others, allegedly trespassed into the Wayanad wildlife sanctuary. During the subsequent eviction drive, they allegedly attacked police and forest officials and took two police personnel and a forest official hostage. Police constable Vinod and an activist, Yogi, were killed in the incident.
