Shankar honor killing case: Madras HC acquits Kausalya's father from the death penalty!

In a sudden development on the Shankar caste killing case, the Madras High Court bench has, on Monday, pronounced its judgment of acquitting Chinnasamy, father of Kausalya, who was earlier convicted with ten years of imprisonment and death penalty by the district court in the case of murdering Shankar, a Dalit man, for marrying Kausalya, who belongs to Thevar community, in what was etched as one of the caste-based honor killings in the state.

The caste killing has happened on March 13, 2016, in Udumalpet, Tiruppur district, where Shankar and Kausalya were attacked by a mob at a public place. The mob, that was armed with weapons, reportedly attacked Shankar and killed him on the road while Kausalya was left with severe injuries. The incident that was captured in the surveillance camera had sparked huge shockwaves and outrage in Tamil Nadu, demanding justice for the couple who was separated for doing inter-caste marriage.

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                       File photo: Shankar and Kausalya

 

Following the incident, the probe was launched and Kausalya's family - including her father, were convicted for the crime by the Tiruppur district court in 2017 and they were awarded a death sentence along with the mob that was hired to take down Shankar, who belonged to a backward community. The court pronounced the death penalty for Kausalya's father Chinnasamy - who said to have masterminded the crime- and five others who involved in the crime.

The district court had acquitted Kausalya's mother Annalakshmi and two close relatives from the case. After getting the death sentence, the accused had moved their petitions to the Madras High Court challenging the verdict of the Tiruppur sessions court. After multiple hearings, the Madras High court has pronounced its verdict on Monday - June 22, 2020.

The High court bench comprised of Justices Sathyanarayan and Nirmal Kumar had acquitted Kausalya's father Chinnasamy from the case, nearly three years after he was convicted with the death penalty. The High court has also upheld the exoneration of Kausalya's mother from the crime and it has further commuted the death sentence of five others convicted in the case to life imprisonment of 25 years each. 

The High court further acquitted one person - who was sentenced with life imprisonment and the other one- who was awarded a five-year sentence by the district court from the case. Through the High court's verdict, it can be learned that only five members of the case have been convicted currently. The mob of five members hired to kill Shankar includes Selvakumar, Kalai Tamilvanan, Madan alias Michael, Manikandan, and Jagadesan.

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File photo: Kausalya's parents Chinnaswamy and Annalakshmi in the Tiruppur sessions court.

 

These five members would be under the imprisonment of 25 years each. While addressing the reporters after the verdict, the government's counsel said that the government would move to the Supreme court with its petition of appeal to challenge the High court's verdict of acquitting Kausalya's father - who was Accused No 1 in the case. Along with the acquittal, the High court has also removed him from all the charges including the charges of criminal conspiracy.

The court has directed to release the acquitted people from the prison. While Kausalya's mother welcomed the verdict of acquittal, Kausalya has taken a tough stance and said she would move to the Supreme Court against the acquittal of her father. According to the reports, eleven people were accused in the case, and of which, six were awarded death penalty, three were acquitted, and two others got minimal sentences in the verdict given by the Tiruppur court on December 12, 2017, by Justice Alamelu Natarajan.

The Madras High court has now repealed the sentence of the lower court by commuting the death sentence to life sentence for five convicts who were under death row, acquitting Kausalya's father from the death penalty, and two others who were facing minimal sentences. 

 

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