Malappuram (PTI): A Kerala court on Saturday sentenced to varying jail terms, ranging from 5 years to 13 years, the three persons convicted for the abduction of a Mysuru-based traditional healer and his brutal killing at one of the accused's residence at Nilambur here in 2019.
Additional District and Sessions Judge 1 Thushar M sentenced Shaibin Ashraf, the main accused, to a total of 13 years and nine months in prison in connection with the abduction and killing of 60-year-old Shaba Sharif in 2019.
The court sentenced him to eight years under section 304 (culpable homicide not amounting to murder), three years under section 347 (wrongful confinement), two years under section 120B (criminal conspiracy) and nine months under section 201 (destruction of evidence) under the IPC and said the sentences shall run consecutively, public prosecutor E M Krishnan Namboodiri said.
The court sentenced Shihabudheen to two years under section 120B, three years under section 347, three years under section 365 (kidnapping) and nine months under section 201 of the IPC for a total of eight years and nine months as the sentences have to be served consecutively.
The third convict Nishad was sentenced to two years under section 120B, three years under section 347 and nine months under section 201 of the IPC for a total of five years and nine months as the punishments have to be served consecutively, the prosecutor said.
Besides this, the court also imposed a total fine of Rs 3.5 lakh on the three and said that if the amount was recovered from them, it shall be given to the victim's family, according to the prosecutor.
The court had convicted the three of them on March 20.
The court had acquitted nine others who were accused in the case.
After the conviction of the three, the prosecutor in the case had told reporters outside the court that a single hair found in Ashraf's car became instrumental in proving that Sharif was killed and his body disposed of by the accused.
"No body or body parts were found and therefore, it was very challenging to prove the case against the accused," the prosecutor had said and praised the investigation carried out by the police.
He said that through the mitochondrial DNA of Sharif found in the hair, it was possible to prove the crime against the accused.
"We were able to prove his abduction, wrongful confinement and killing," the prosecutor said.
The abduction and homicide case came to light in 2022 during an investigation into a burglary case.
Ashraf, a businessman hailing from Kaipancheri here, had lodged a theft complaint against some of his associates.
The associates had then created a ruckus in front of the Secretariat in the state capital by attempting self immolation, claiming that they were being intimidated by the businessman.
They were arrested and handed over to Malappuram police and during their interrogation, the abduction and killing of the Mysuru-based traditional healer was revealed.
One of the accused also handed over to the police a pendrive containing a video of the victim being held confined in Ashraf's house. Subsequent investigation revealed that Sharif's family had lodged a missing complaint in 2019.
The police, thereafter, found that Sharif, after being abducted, was subjected to brutal torture in captivity for over a year at Ashraf's house for a secret medicinal recipe of the healer to treat piles.
However, Sharif succumbed to the injuries suffered during his torture and his body was cut into pieces and dumped into the river, according to the police.
Ashraf had plans to launch a clinic after getting hold of the medicine formula and reap huge profits. But, he and his associates had a falling out, leading to them stealing some of Ashraf's valuables and cash and him lodging a complaint against them.
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Mumbai(PTI): Maharashtra Chief Minister Devendra Fadnavis on Monday said stand-up comedian Kunal Kamra should apologise for insulting Deputy CM Eknath Shinde with his remarks, and asserted that "urban Naxals" and "Left liberals" supporting such acts will be taught a lesson.
Talking to reporters in the state legislature complex, Fadnavis said Kamra's action was condemnable.
During his performance at the Habitat Studio at the Unicontinental hotel in Mumbai's Khar area, Kamra had referred to Shiv Sena leader Shinde as a "traitor" and went on to sing a parody on him.
Kamra used a modified version of a Hindi song from the movie 'Dil Toh Pagal Hai' to describe the 2022 rebellion of Shinde against his then boss Uddhav Thackeray.
Fadnavis said, "The 2024 assembly polls results have shown who is 'gaddar' (traitor) and who is 'khuddar' (self-respecting). People have put a stamp of approval on Shinde being the true inheritor of (Shiv Sena founder) Bal Thackeray's legacy."
He said the people have defeated those who betrayed Bal Thackeray's ideology.
"People have the freedom of satire and comedy. But insulting (a person) deliberately is not allowed. Kamra showed the red book of the Constitution which is carried by Rahul Gandhi. Both have not read the Constitution. He cannot justify his action by showing the book," the CM said.
"The Constitution says when you attack others' freedom, your own freedom is restricted," Fadnavis said.
Kamra cannot justify his actions and escape action by showing Rahul Gandhi's Constitution (red book), he said.
Speaking in the state assembly after the issue figured in the House, Fadnavis reiterated that Kamra has insulted Shinde.
"We have no objection to political satire. We like and appreciate it. But insulting people on constitutional posts and targeting institutions will not be tolerated, and the 'urban Naxals' and 'Left liberals' supporting such acts will be taught a lesson," he said.
The "reckless" misuse of the freedom of speech will not be tolerated, the CM said.
How can comments made by influencer Ranveer Allahbadia about parents be tolerated? Fadnavis asked.
Allahbadia had been in the eye of storm over his comments during a show on parents and sex.
"We will not succumb to the pressure and take strictest possible action," Fadnavis said. He said Kamra has a history of making low-level comments on the Prime Minister, the Chief Justice of India and the judiciary. "His modus operandi is to create a controversy for publicity," the chief minister said.
Fadnavis said Kamra has now targeted Deputy CM Shinde, and the people of Maharashtra showed through the 2024 assembly polls mandate that who is "khuddar" (self-respecting) and who is "gaddar" (traitor).
"Is Kamra bigger than the people of Maharashtra?" he asked.
The people of Maharashtra have shown that Shinde is the true inheritor of Shiv Sena founder Bal Thackeray's ideology.
"Kamra's aim was to belittle Shinde in the eyes of the people. The opposition is supporting such a talk and one wonders whether Kamra is hand-in-glove with the opposition. He has posted a picture of himself with a red copy of the Constitution book which Rahul Gandhi carries," Fadnavis said.
"When you attack the freedom of others, your freedom is restricted. If you insult people on constitutional posts to create disturbances by taking supari (contract) to get publicity, it will not be tolerated. No one will object to stand-up comedy and satire. If we behave recklessly in the garb of freedom of speech and expression, it will not be tolerated. Strict action will be taken as per law," the CM said.
Earlier, the House witnessed uproarious scenes over the Kamra show row, with Shiv Sena members demanding strict action against the stand-up comedian.
Arjun Khotkar (of Shiv Sena) raised the issue and demanded strict action against Kamra.
Minister Shambhuraj Desai also supported Khotkar's demand. Members of the ruling benches were on their feet shouting slogans. Speaker Rahul Narwekar then adjourned the House for five minutes.
On Sunday night, several Shiv Sena workers went to the studio and allegedly vandalised it and the hotel, according to police.
The Mumbai police on Monday registered an FIR against Kamra for allegedly making defamatory remarks against Shinde, officials earlier said.
The police also arrested Shiv Sena functionary Rahul Kanal and 11 others for ransacking the venue at the Mumbai hotel where Kamra made the controversial "traitor" jibe against Shinde, an official said.