Attacked for wishing Eid: Hostile neighbour sentenced to five years in jail, though victim died

Kasaragod: The Kasaragod Sessions Court on Saturday, January 24, sentenced a man to five years of rigorous imprisonment for assaulting his neighbour with a nail-studded wooden plank for wishing him Eid Mubarak at a mosque three years ago.

Although the victim died nine days after sustaining a head injury, the court held that the prosecution failed to establish a direct link between the assault and the death, and therefore acquitted the accused of the charge of murder.

Sessions Judge Sanu S Panicker convicted Habib (40) of Mangad in Udma panchayat under Section 326 of the Indian Penal Code for causing grievous hurt with a dangerous weapon. The court also imposed a fine of ₹50,000 on Habib. If the fine is not paid, Habib will have to serve one more year of rigorous imprisonment, said Special Public Prosecutor Adv Venugopalan P.

The incident occurred on July 10, 2022, the day of Eid al-Adha, the feast of sacrifice.  According to the prosecution, after the prayers at Muhyudheen Juma Masjid at Koolikkunnu in Mangad, the victim, T A Rasheed (42), wished the people there, including Habib. As soon as he heard that, Habib charged at Rasheed, asking 'Who are you to wish me Eid’ and hit his head with a nail-studded wooden plank used for construction, said the prosecutor.

The two neighbours fell out over a money dispute when they worked abroad, he said. 

After the attack, Rasheed did not want to press charges. He even burned his blood-stained clothes, said the prosecutor. He went to a neighbour clinic in Udma, but he was sent home after first aid. “They did not even give him a tetanus shot,” said Adv Venugopalan.

The nail had pierced deep into his forehead, and the infection started spreading to his brain. But Rasheed continued to avoid proper medical treatment. He then went to Carewell Nursing Home in Kasaragod, later to Indiana Hospital in Mangaluru, and finally to First Neuro Hospital in Mangaluru. Rasheed died nine days later after returning from a check-up.

The court observed that although the assault was proved beyond doubt, the prosecution failed to conclusively establish that Rasheed’s death resulted solely from the injury inflicted by the accused, or from the victim’s failure to seek timely medical treatment.

Also, Rasheed’s family approached the Melparamba police only after he died, delaying the registration of the FIR. “But we proved that he was assaulted at the mosque by Habib,” said the prosecutor.

The investigation was carried out by the then Melparamba Station House Office, T Uthamdas.

Police said the accused is currently in judicial custody in connection with another case before the family court.