Mangaluru: The additional district and sessions court (FTSC-1) has sentenced a man to seven years of rigorous imprisonment and imposed a total fine of Rs 50,000 for assaulting a police officer in 2017. The convict, Mohammed Niyaz of Surathkal, was found guilty of attacking Assistant Sub-Inspector (ASI) Aithappa while he was on night patrol duty.
Details of the Incident
According to the prosecution, acting on instructions from the Urwa police station inspector, ASI Aithappa was on night rounds on April 4, 2017. At around 3:20 am on April 5, when he reached Lady Hill Circle, Niyaz along with co-accused Shameer followed him on a motorcycle and intercepted him. Shameer questioned the ASI in Tulu about his police station. When Aithappa identified himself as being from Urwa police station and asked about their presence at that hour, Shameer spoke to Niyaz in Malayalam.
Subsequently, Niyaz got off the bike and hit the ASI on the head with an iron rod. As Aithappa fell to the ground, Niyaz allegedly asked Shameer to kill him. However, the public began gathering, and the accused fled the scene.
Motive and Investigation
The attack was reportedly in retaliation to a previous police action against members of the Popular Front of India (PFI) following an attempted gherao of the police commissioner's office, during which police resorted to a lathi charge and made arrests. ASI Aithappa sustained serious injuries, and a case was registered at Urwa police station under sections 332, 333, and 307 read with 34 of the Indian Penal Code (IPC). The investigation was led by the then Assistant Commissioner of Police (ACP) Uday M Nayak, who later filed a chargesheet before the court.
Trial and Sentencing
During the trial, the court examined 19 witnesses and marked 36 documents. On Monday, the court found Mohammed Niyaz guilty and sentenced him to two years' rigorous imprisonment under IPC section 332 with a fine of Rs 10,000, three years under IPC section 333 with a fine of Rs 15,000, and seven years under section 307 IPC with a fine of Rs 25,000. Of the total fine, Rs 45,000 was ordered to be paid as compensation to the injured ASI.
The second accused, Shameer, remains absconding. He is believed to be abroad, and a Red Corner Notice has been issued against him. Public prosecutors Harishchandra Udyavar and Badrinath Nairy represented the prosecution.
