The Kerala High Court has rejected pleas to suspend the sentence of Rafi and Riaz @ Johny, who stand convicted in the 1995 murder of Sakeer, a DYFI member (youth wing of CPI(M)).
Prosecution Case
The prosecution said the accused worked for the Peoples Democratic Party, a rival political outfit. It alleged they formed an unlawful assembly and carried weapons. It also claimed they trespassed into Sakeer’s house. The incident allegedly took place a day after Sakeer became Chairman of the Thiruvananthapuram Government Law College.
The prosecution further alleged the assailants tried to murder Sakeer’s father and then attacked Sakeer. It said Sakeer died from the assault.
Trial Court Conviction
The Additional Sessions Court, Thiruvananthapuram, convicted the appellants by judgment dated April 5, 2025. The court found them guilty under Sections 294(b) and 302 of the IPC.
The convicts challenged the conviction in appeal. They also sought suspension of sentence until the appeal is decided.
High Court’s Findings
A Division Bench of Dr. Justice Jayasankaran Nambiar and Justice Jobin Sebastian refused suspension.
The Bench said the Sessions Court judgment and the record show prima facie material. It also said the materials, at this stage, indicate the appellants’ involvement in the offence.
The court noted that the conviction mainly rests on PW2, the deceased’s father. PW2 is also an injured witness. The Bench said it found no reason, at this stage, to doubt his testimony.
The Bench also referred to other evidence. It noted the statements of independent witnesses. It also referred to PW19, in whose compound Sakeer was allegedly hacked to death. The court said these materials support the conviction.
The Bench added that it cannot re-assess evidence at the suspension stage. It said it will examine those issues at the final hearing of the appeal.
Representation
The appellants were represented by Senior Advocate Sasthamangalam S. Ajithkumar, along with Sreejith S. Nair, Satheesh Mohanan, and Mahima.
Case Title: Rafi and Anr v. State of Kerala
