Documentos de Académico
Documentos de Profesional
Documentos de Cultura
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Puducherry
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Puducherry
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Not guilty.
Not guilty
Sentence or order
r/w
149
and
109
IPC;
and
time
is
over.
Hero
Honda
Passion
1.
2.
Prosecution conducted by
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Thiru.K.Shanmugam,
Public Prosecutor
This case coming on 01.12.2014 for final hearing before me in the presence
of Thiru.K.Shanmugam, Public Prosecutor for the STATE, Tvl. T.
Tirounavocarassou - Advocate for the accused A1, A5, A8, A11, A13, A15,
A24 & A26 and Tvl. B. Mohan, M. Velu, B.M. Subash Advocate for the accused
A6, A9 & A14 and Tvl. A. Sankaran, L. Sambath, M.D. Babu Advocate for the
accused A4, A10, A17, A21 & A22 and Tvl. Mohan Keerthi Kumar, M. Susairaj
Dupier, S. Sathiamoorthy, Advocate for the accused A2 and Tvl. V.
Krishnamurthy Reddier Advocate for the accused A3,A7, A12, A16, A18, A19 &
A20 and Tvl. L. Sambath, D. Tamilarasan, M. Magesh, I. Prakash, S. Prabhakaran,
S. Lohheshvaran, S. Prasath, A. Srivatsan, K. Rajesh, Advocates for the accused
A23, A25 & A27 and upon hearing both sides, after perusing the case records and
having stood over for consideration till this day, this Court delivered the following:
JUDGMENT
The Station House Officer, Thavalakuppam Police Station, laid a police
report against the accused herein before the Judicial Magistrate-I, Puducherry,
alleging that on 10.8.2012 at about 16.15 hours at Cuddalore Main Road, near
you A3 to A24, A26, A29 and A31 along with the juvenile
object, due to prior enmity under the instigation of A1 and A2, A3 and A4 were in
possession of prohibited arms and used such prohibited arms in contravention of
section 7 of the Arms Act 1959, resulting in the death of Jagan @ Jagannathan @
Jayakrishnan and thereby committed the offence punishable under section 25(1-A)
and 27 (3) of the Arms Act 1959 r/w. 149 and 109 IPC and that, on the same day,
time, place and during the course of same transaction, in prosecution of their
common object, due to prior enmity under the instigation of A1 and A2, A3 to A7,
A10 and A14 attempted to cause death of injured R. Senthilkumar, SI of Police,
Thirumurugan, ASI of Police, Rajendiran, PC 1827, Nagarajan PC 2231 and Kumar,
Home Guard Driver No.1968 of Orleanpet Police Station using the country-made
bomb with such intention and knowledge that under such circumstances, had their
act and conduct caused death and thereby committed the offence punishable under
section 307 (5 counts) r/w. 149 IPC and 109 IPC and that, on the same day, time,
place and during the course of same transaction, in prosecution of their common
object, due to prior enmity under the instigation of A1 and A2, A3 to A6 by using
the country made bomb on Thirumurugan, ASI of Police, Rajendiran, PC 1827,
Nagarajan PC 2231 and Kumar, Home Guard Driver No.1968 of Orleanpet Police
Station and caused grievous injuries and thereby committed the offence punishable
under section 326 (4 counts) IPC r/w. 149 IPC and 109 IPC and that, on the same
day, time, place and during the course of same transaction, in prosecution of their
common object, due to prior enmity A3 to A24,A26,A29,A31, under the instigation
of A1 and A2 caused damages to the police escort vehicle bearing registration No.
PY-01-G-9961 using country made bombs and thereby deterred such public servants
from discharging their duty and caused simply injuries thereby the accused persons
committed the offence punishable under section 332 IPC r/w. 149 and 109 IPC and
that, on the same day, time, place and during the course of same transaction, in
prosecution of their common object, due to prior enmity A3 to A24,A26,A29,A31,
under the instigation of A1 and A2 caused damages to the police escort vehicle
bearing registration No. PY-01-G-9961 using country made bombs and thereby
deterred such public servants from discharging their duty and caused grievous
injuries and thereby the accused persons committed the offence punishable under
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section 333 IPC r/w. 149 and 109 IPC and that, on the same day, time, place and
during the course of same transaction, in prosecution of their common object, due to
prior enmity A3 to A24,A26,A29,A31, under the instigation of A1 and A2 caused
damages to the police escort vehicle bearing registration No. PY-01-G-9961 using
country made bombs and thereby deterred such public servants from discharging
their duty and thereby the accused persons committed the offence punishable under
section 4 of the Prevention of Damages to Public Property Act 1984, r/w. 149 IPC
and 109 IPC and thereby all the accused rendered themselves liable to be punished
u/s 148, 341, 302, 307, 326, 332, 333 IPC r/w 149 IPC and section 109 IPC and
section 3(a) of explosive Substance Act 1908 and 25(1)(AAA) and 27(1) of Arms
Act 1959 and u/s 4 of the Prevention of damage to public property Act 1984 r/w 149
IPC and section 109 IPC.
2.
On the appearance of the accused before this Court, I satisfied myself that
free copies of police records, on which the prosecution proposed to rely upon its
case, were furnished to them, as contemplated under section 207 of Cr.P.C. The
Public Prosecutor opened the case under section 226 of Cr.P.C. The defense counsel
was also heard. Charge u/s. 148, 341, 302, 307, 326, 332, 333 IPC r/w 149 IPC and
section 109 IPC and section 3(a) of explosive Substance Act 1908 and 25(1)(AAA)
and 27(1) of Arms Act 1959 and u/s 4 of the Prevention of damage to public
property Act 1984 r/w 149 IPC and section 109 IPC. were framed against the
accused, read over and explained to them in Tamil. When questioned with regard to
the substance of the charge, the accused pleaded not guilty and claimed to be tried.
3.
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On the side of the prosecution, to prove the guilt of the accused, P.Ws.1 to
122 were examined and Exs.P1 to P174 were marked and M.Os.1 to 100 were
marked.
4.
Puducherry Cuddalore main road near Chunambar bridge the accused A3 to A27 and
four Juvenile offenders against whom charge sheet has been filed. A3 to A27 formed
themselves into an unlawful assembly and under the instigation through cellphone
communication and with common intention and due to previous enmity of A1 and
A2 both life convict undergoing the sentence of life imprisonment for separate
previous charges in the Yanam Special Sub Jail to eliminate by killing the deceased
Jagan @ Jaganathan who is also life convict undergoing the sentence of life
imprisonment for separate previous charges in the Karaikal Sub Jail and in
prosecution of common object and pursuant to formation of such unlawful assembly,
all the 25 persons along with 4 Juveniles armed with deadly weapons such as long
knife, country made bomb etc under the leadership of A3 committed rioting by use
of force and violence with such deadly weapons. On the same day in the course of
same transaction and infurtherance of common object, the accused wrongly
restrained by obstructing so as to prevent from proceeding in the direction the route
bus Panimalar bearing Reg. No.:PY-01-X-3949 with the driver, conductor and
passengers travelling there in and also wrongfully restrained the police escort van
force traveller bearing Reg. No.:PY-01-G-9961 carrying the said deceased life
convict in Judicial Custody namely Jagan @ Jaganathan and the five police
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personnel including the driver of the van, who were escorting the said life convict by
intercepting the escort van and police party with the help of another motor vehicle, a
Toyotto Innova Car bearing Reg. No.:PY-01-AC-4466 and using long knife and
country made bombs and thereby committed the offence of wrongful restraint. That
in the course of same transaction and infurtherance of common object and upon the
abetment of A1 and A2, the accused had committed the murder of deceased life
convict Jagan by knowingly causing his instantaneous death by assaulting him with
long knives and exploding country made bombs both outside and inside the police
escort van in which he was traveling along with police escort party as a prisoner in
Judicial Custody and also committed the offence of committing murder of the police
personnel by causing grievous hurt and simple hurt to them and in that process
deterred them from performing their duty a public servant and also caused the
offence of mischief causing damage to the police van, a public property and thereby
all the accused rendered themselves liable to be punished u/s 148, 341, 302, 307,
326, 332, 333 IPC r/w 149 IPC and section 109 IPC and section 3(a) of explosive
Substance Act 1908 and 25(1)(AAA) and 27(1) of Arms Act 1959 and u/s 4 of the
Prevention of damage to public property Act 1984 r/w 149 IPC and section 109 IPC.
5.
No.:218/2012 for throwing country bomb on the house of Narasimha Patel, so the
accused Manikandan and Karuna and their groups are known to him. The deceased
Jagan @ Jaganathan was in the Karaikal Jail in connection with Cr. No.:101/2004
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and S.C. 57/2004 as life convict. In order to arrest him and make formal arrest on
08.08.2012 he went to Karaikal Sub Jail along with police team. He made formal
arrest and enquired him. On that day he had received PT warrant and produced
Jagan before JM-II Puducherry. He was given 15 days remand. On the next day they
filed a petition for seeking police custody of Jagan. On 10.08.2012 at 1.00 noon JMII has ordered to produce Jagan before court on the custody application, so he and
police team took Jagan from Karaikal and produced him before JM-II. In the
afternoon the police custody petition was dismissed, so they took Jagan to Karaikal
Jail again. He along with ASI Thirumurugan, P.C. Nagarajan, P.C. Rajendiran and
driver Kumar framed a team and took one 9 mm pistol and five live rounds and ASI
Thirumurugan also took one pistol and it was also loaded one and that day at 4.30
p.m. the police team along with Jagan started their journey in Force vehicle PY-01G-9961, that vehicle is M.O.1. While they were travelling from north to south and
when they reached near Chunnamber Bridge at the end of the bridge one bus was
stopped suddenly, the passengers got down from the bus and running here and there,
they tried to overtake that bus, at that time one Green colour Innova Car PY-01-AC4466 restrained them and was stopped opposite to them, that Innova Car is M.O.2.
From that car A3, A4, A5, A14, A6, A13 and A8 got down, they had knife and
country bomb along with them, some two persons who were standing behind the bus
ran towards them and A14 throw country bomb over the force vehicle, it fell on the
bonnet and burst, so they made preparation to attack them with pistol, at that time
A5 throw country bomb over the vehicle that also fell on the bonnet and burst. The
Innova car in which the accused came obstructed them from proceeding further, so
the force vehicle was in the middle of the bridge. The driver took the vehicle on the
reverse side and he asked Nagarajan to shoot. At that time A3, A4, A5, A10, A6,
A14, A19, A-, A21, A20 and A18 came from the crowd and threw country bombs.
So the driver took the vehicle behind, at that time another Innova Car dashed on the
back side of the vehicle and obstructed. He took his SLR and shoot four times,
Nagarajan took his pistol and he shot two rounds, then his pistol got stuck, so he
asked Nagarajan to shoot again, he told him his SLR was also stuck, so he received
the pistol from Nagarajan and shot twice, again it got stuck so all the accused person
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stood around the vehicle, A5 told them Police people are attacking them, so they
are to be killed then only they can kill Jagan and he threw a country bomb by
standing on the right side of the force van, in that attack Thirumurugan and
Rajendiran sustained injuries. The accused Iyyappan by standing on the right side
window threw a bomb on Jagan, that also burst, then all the accused threatened them
by saying we will throw country bomb, so he hid himself behind the seat and he
raised his head and found A3 and A4 coming inside the vehicle through the front
door and they cut Jagan with knife on his head and face again and again. Then they
shouted Jagan is no more and went away. Then he stand up and found the accused
running away from the spot in the Innova car and in the two wheeler. Due to that
incident there was traffic jam in that place, he looked into the vehicle and found
Jagan in a pool of blood and was dead. Driver Kumar was hiding behind the seat, he
stood up and told him that he is unable to hear voice, the driver Kumar was holding
his chest and blood was oozing from the left eye of Rajendiran, blood was oozing
from the right hand and leg of Thirumurugan. He told him that he was unable to
walk and unable to hear. He asked them about the incident and they told him that
Stephen, Kula Magesh have involved in the occurrence. They had knife and bombs.
Some two years prior to the occurrence the deceased Jagan and the first accused
quarreled with each other and Jagan cut the fingers of A1. With regard to that a case
is registered at the Kalapet Police station, so due to that incident this occurrence had
happened. Further, there was some enmity between the deceased Jagan and A2 in
connection with loading and unloading and sharing of income from that. Since there
was enmity between Jagan and Karuna as per the order of the High Court only he
came to attend his daughter's marriage through Parole. In order to avoid Jagan from
killing them A2 also involved in the occurrence. Further, during the occurrence time
A1 and A2 were in the Jail in a single cell, due to their conspiracy only the
occurrence had happened. After the occurrence, he is unable to hear through his both
ears. All the injured were taken to government general hospital, while undergoing
treatment he gave a statement to the Thavalakuppam Inspector, the circle Inspector
also examined him. Then he had stated that he gave a written complaint, then again
he said that he gave an oral complaint and it was written by P.C. 1833 and he put his
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signature in it. The complaint is Ex.P1. He handed over his blood stained white shirt
and Jeans pant to the doctor, he was again questioned by Inspector on 12.08.2012.
During that further investigation he told the Inspector that Jagan told him that he had
danger from A1 and A2.
PW2/Rajendiran deposed that during the occurrence he was working in the
Orleanpet Police, so he had occasion to see A1 and A2. Veerayan
and Kazhuva Senthil while taking them to the court. On 08.08.2012 Jagan was
formally arrested and was produced before JM-II . JM-II ordered him 15 days
remand. So on 10.08.2012 they took Jagan from Pondicherry Jail and produced him
before JM-II in connection with the police custody petition. The police custody
petition was dismissed and so they were ready to take him to Karaikal Jail. So
PW1/SenthilKumar, Nagarajan, Rajendiran and Jagan went inside PY-01-G-9961
and it was driven by Kumar, for the safety PW1 had pistol and P.C. Nagarajan also
had pistol. On that day at 3.45 p.m. they were crossing the Chumnabar Bridge from
north to south and at that time a crowd came and it stopped the bus, so they tried to
overtake the bus on the right side, at that time one Innova Car came and obstructed
their vehicle. A7, A17, A15, Stephen, Vanarapet Magesh, Alex, Thandapani, Sankar,
Moorthy and 20 others armed with knife and country bombs came from the crowd
and tries to attack them. Arun took a country bomb and throw it on the van and it fell
on the bonnet and burst, the passengers in the bus came down and were running here
and there. Sathish also threw a country bomb, so driver took the vehicle in the
reverse position, the crowd came towards them, while their vehicle was coming
reverse it dashed against another Innova car, while the vehicle was coming reverse
PW1 and P.C. Nagarajan shoot. In the crowd Susai, Moorth, Iyyappan were found,
they shouted if the police were killed then only they can kill Jagan, by saying
Sathish threw a bomb, it fell on him. A6 threw a bomb on him and it fell on his left
eye, so he closed his eyes with hands, another bomb fell on Jagan and he had fallen
from the seat. Then he turned inside and found Iyyappan was stabbing Jagan with
knife again and again. Then he shouted by saying Sethupo and went away. Jagan
was found dead. PW1 was holding his ears and chest. Nagarajan was closing his
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ears, so he got down from the van and at that time P.C. Sakthivel came there and he
took him to the hospital. While reaching the hospital he fell down unconcious then
he was taken to Madras for further treatment. He was in G.H. for two to three hours.
There was some quarrel between Manikandan and Jagan before the occurrence and
in that incident Jagan cut the fingers of Manikandan, so there was enmity and due to
that the occurrence had happened. The accused prevented them from doing their
work and caused damage to the government vehicle, so he gave a complaint to PW1,
due to the incident he lost vision in one of his eyes and he has lost hearing in one
ear. The accused Iyappan, Sothi Manikandan, Sathish @ Ravi, Vanarapet Magesh,
Maduvapet Magesh, Raja, Alex, Moorthy, Murali, Mathiyas, Susai, Selvam,
Tamilselvam were available before court.
PW3/Thirumurugan deposed that since he was in the police department for 23
years the accused are known to him. A1 and A2 and his associates were known to
him. On 26.07.2012 the accused group threw country bomb on the house of
Narasimha Patel and Cr. No.:218/2012 was registered. Jagan was inside the jail,
since he got life imprisonment in Cr. No.:101/2004 and he was in Karaikal jail. On
08.08.2012 he was formally arrested and produced before JM-II. As per the order of
JM-II he was put in Kalapet Jail and they filed a petition for police custody. Then
again on 10.08.2012 the police custody petition was dismissed at 2.00 p.m. and he
was ordered to be kept at Karaikal jail, so PW1. P.C. Nagarajan, Rajendiran along
with Jagan started their journey at 3.45 p.m. in blue colour force vehicle PY-01-G9961 and it was driven by Kumar. He took the pistol and loaded three rounds, Sub
Inspector Senthil Kumar also took a pistol with five rounds, Nagarajan loaded 10
rounds in his SLR. While, they were going on the Chumanber bridge at 4.15 p.m. the
bus which was going in front of their vehicle was suddenly stopped. A crowd was
standing near the driver of the bus and accused Tamil, David, Chella @ Selvam,
Oosi @ Tamilselvam threatened the bus driver by showing knife. They tried to
overtake the bus at that time PY-01-AC-4466 Innova car came and obstructed them,
From the Innova car and from the crowd A11, Raja, Mathias, Johnpaul, Sothi
Manikandan, Sathish @ Ravi, Iyappan, Dandapani, Arun came with knife and
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bombs, they ran towards their vehicle, Arun threw a bomb over their vehicle and it
fell on their bonnet and burst. It also had fallen on the bus and the glass in the bus
were broken, so the passengers came down from the bus and were running here and
there, at that time Sathish threw a bomb over the force vehicle which also burst, so
the driver took the vehicle in the reverse position, at that time Sundar @ Sakthivel,
Maduvapet Magesh, Karupu Alex, Kulla Magesh, Jana @ Parimalazhagan, moorthy
came towards them with bombs threw it inside and outside the force vehicle, at that
time PW1 and ASI shot them, since he was sitting behind them he was unable to
shoot them, while the vehicle was moving in the bridge it dashed against the vehicle,
so he lost balance and at that time through the right side window Sathish threw a
bomb by saying if the police are killed then only we can kill Jagan and he threw
bomb, it fell on the seat and then fell on him, so he had sustained injury on the right
hand, leg and thigh. Iyyappan threw a bomb and it fell on Jagan and he had fallen
down from the seat. He hide himself behind the seat, at that time he heard the shout
of P.C. Nagarajan and found blood was oozing from the injury. At that time sound
was coming from the front door of the vehicle Iyyappan and Soothi Manikandan
came inside the vehicle with knife and cut Jagan again and again. Then they shouted
Jagan is closed and they all came out and went in their Innova car and motorcycle.
The knife which was used by A3 is M.O.3, the knife used by Soothi Manikandan is
M.O.4. Jagan was found dead. The left eye of Rajendiran was found with blood.
PW1, Nagarajan and Kumar also closed their ears and chest he came out from the
vehicle and found that TN-21-AA-3336 was standing behind them, the public were
not coming forward to help. The training S.I. Kumar came there and he took him in
his motorcycle to the G.H. He handed over his Kaki uniform to the doctor. Then
Rajendiran, Senthil Kumar and Nagarajan and Kumar also came for treatment, they
told him that Sankar, Dileep and Antony were found in the crowd. PW1 gave a
complaint to the Sub Inspector of Thavalakuppam P.S. He was questioned by
Inspector Palanivel. On 10.08.2012 Stephen was also found in the crowd.
PW4/Nagarajan deposed that in the year 2012 he was working in Orleanpet
Police, so all the accused are known to him. The group of Karuna and Manikandan
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are known to him. On 26.07.2012 country bomb was thrown over the house and for
that Cr. No.:218/2012 was registered and in that case they had formally arrested
Jagan on 08.08.2012 who was undergoing life imprisonment in another case through
PT warrant and put him in the Kalapet jail. Then Police custody petition was filed on
10.08.2012, at 2.00 p.m. Jagan was produced before JM-II, since the police custody
petition was dismissed, they took Jagan in a force vehicle along with PW1 to PW3
and driver Kumar and along with one SLR pistol with ten rounds. PW1 also had one
pistol and five rounds. PW3 had one pistal and five rounds. At about 3.45 p.m. they
were travelling from north to south in Chumnaber bridge at that time Panimalai bus
was going in front of them and it was restrained by some people and they threatened
the driver Tamilselvam, David, Tamil, Chella @ Selvam threatened the bus driver at
that time their driver tried to overtake the bus on the right side, at that time one
Innova Car came and obstructed them, it was registered as PY-01-AC-4466 and
from the car Magesh, Jana, Sundar, Sothi Manikandan, Iyyappan, Sathish@ Ravi
Arun @ Anbuazhagan, Dandapani came down and ran towards the force vehicle.
Arun @ Anbuazhagan threw a bomb and it fell on the bonnet and burst. Sathish
threw a bomb it also fell on the bonnet and burst. Due to that the glass of the bus
were broken, the glass of their vehicle were also broken. Then the driver took the
vehicle in the reverse position. At that time Dileep, Stephen, Antony and others
threw bomb over the van, so he shoot on the front side and his pistol got stuck. PW1
shot four rounds and then his pistol was also stuck, so PW1 received the SLR and
shot twice. He hid himself behind the seat and at that time Sathish shouted by saying
if the police are killed then only we can skill Jagan and threw a bomb, it fell on the
seat and caused injury to Rajendiran and Thirumurugan. Iyyappan through a bomb
threw the west side window, it fell on Jagan, then from the side door Iyyappan and
Soothi Manikandan came inside the van and cut Jagan on his face and head and went
away. Jagan was found dead. Rajendiran sustained injury on the left face.
Thirumurugan sustained injury on the hand and leg. One Sub Inspector came on the
way and he took Thirumurugan to Government hospital. P.C. Sakthivel took
Rajendiran to G.H. At that time orleanpet Inspector Ragunayagam came there and he
took PW1 and himself and driver Kumar to G.H. He gave the dress to the doctor,
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while he was in the hospital PW1 to PW3 told him that Murali, John Paul,
Maduvapet Magesh, Karupu Alex, Pookia Raja were also found in the crowd. Some
two year before the occurrence there was a quarrel between Manikandan and Jagan,
while they were in jail, in that occurrence Jagan cut the fingers of Manikandan and
so there was enmity between them. Likewise, there was enmity between Jagan and
Karuna with regard to sharing of Maamul. Karuna came to the marriage of his
daughter with that fear through parole. Manikandan and Karuna were in the Yanam
jail and so they conspired together and along with Iyyappan and 20 others they
caused damage to the Government vehicle and obstructed them from doing their
official work and killed Jagan. As per the complaint given by PW1 Ariyankuppam
police Inspector questioned him. In the occurrence there was tear in his both ears,
now he is able to hear only to certain extent.
PW5/Kumar deposed during the occurrence he was working as Homeguard.
On 08.08.2012 in order to make formal arrest of Jagan they went to Karaikal and
returned to Puducherry in PY-01-G-9961. In that vehicle at 4.00 a.m. He was the
driver and P.C. Rajendiran, P.C. Nagarajan and PW1 also went to Karaikal, on that
day at 6.00 p.m. Jagan was handed over to them, then they came to Puducherry and
produced Jagan before JM-II at his residence, he ordered them to keep Jagan at
Kalapet Jail. On 10.08.2012 they took Jagan from Kalapet jail and produced him
before JM-II for getting police custody, that police custody petition was dismissed
and so they took Jagan from the court to Orleanpet P.S. And gave him food and they
started their journey at 3.45 p.m. along with Sub Inspector Senthil Kumar, P.C.
Nagarajan, P.C. Rajendiran and ASI Thirumurugan in the force vehicle. All the glass
windows were closed. The driver side mirror and door mirror was kept open for
access of air. The door was not locked, at about 4.15 p.m. while they crossed the
Chunaber bridge, Panimalar bus was stopped by blocking the graveyard path. It was
obstructed by some four people, they tried to overtake the vehicle at that time David,
Tamil @ Tamilselvan, Chella @ Selvam, Oosi @ Lourdsamy were standing there,
while they were crossing the bus, Innova car PY-01-AC-4466 came before them and
obstructed them. From the car Murali, Susai, Arun came running. Arum threw a
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white colour ball over the vehicle and it fell on the bonnet and burst, then another
bomb fell on the top of the vehicle so there were scratches on the glass. He took the
vehicle in the reverse position, at that time some 20 person threw bombs over their
vehicle, he hid himself behind the driver seat and at that time bomb were thrown
inside and outside the van. While he was going reverse it dashed another vehicle.
The crowd stood around the vehicle and due to the bomb blast he was unable to hear.
At that time from the left side door soothi Manikandan, Iyyappan came inside the
vehicle with knife and cut Jagan on his face again and again. While getting down
they shouted Jagan is no more, then all the accused went in the Innova car and two
wheeler. Due to the bomb blast there was smoke everywhere. He stood up and found
Jagan dead, he came down from the vehicle and Rajendiran sustained injury on his
eyes and eye ball came out. So he sent him to G.H. Thirumurugan sustained injury
on his right shoulder. He also sent him to G.H. Then on hearing the new
Ragunayagam came. He and Senthil and Nagarajan went in
the
vehicle of
Ragunayagam to G.H.
PW6/Vinayagam deposed that on 10.08.2012 at 3.15 p.m. he came from
Puducherry to Pannithitu in PY-01-BC-0795 bus and Mayavan was the conductor.
At 4.15 p.m. when they were nearing Chunaber bridge smoke was coming from the
blue colour force vehicle. He came behind that vehicle and one Innova car was
behind his bus. Since he was unable to go forward he stopped his vehicle. All the
passengers got down from the vehicle. The vehicle which was standing before him is
TN-21-AA-3336 he had not seen any occurrence there and turned hostile.
PW7/Malaivasan deposed he is working as conductor in PRTC bus. On
10.12.2012 at 3.50 p.m. they started their journey from the bus stand in PY-01-BC
0795 bus. When they were nearing Chunaber Bridge the driver applied sudden brake
. He questioned him and he told that there was traffic jam, at that time he heard some
noise, the passengers got down from the bus, he had not seen any occurrence there
and turned hostile.
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PW11/Suresh Babu deposed that he was working as driver in NRM bus along
with Ragavan. On 10.08.2012 they started the journey from Chennai to Thirunallar
along with PW10 his wife and children the Reg. No.: is TN-21-AA-3336 at about
4.00 p.m. while they were crossing Chunaber bridge one blue colour police van was
going before them. At the end of the bridge he heard a loud noise and crowd was
chasing the police van, so they all got down from the car, at that time police van
dashed against his vehilce on seeing the crowd he ran away from there. On
12.08.2012 he along with Ragavan went to Thavalakuppam Police Station and
showed the vehicle to RTO and returned home.
PW12/Sivaraman deposed that on 10.08.2012 at 4.15 p.m. he and his friend
were travelling in a two wheeler, it was driven by Sakthivel and he was the pillion
rider. When they went near the Chunaber bridge the crowd was found there. Police
obstructed him from going further. Somebody was cut and bombs were thrown is the
news heard by him, so he went away from that place. In that place blue colour force
vehicle was found.
PW13/Natarajan deposed that he was working as driver in the load carrier
vehicle on 10.08.2012 at 4.30 p.m. in order to load the vehicle he went to Kannikoil,
while he was reaching chunaber bridge there was traffic jam, he came out and
enquired it was told that one person was dead in a bomb blast. He found blue colour
police van, some people were injured, he looked into the police van and found dead
body on the last seat.
PW14/Dayalan deposed that he was working as Security. He had not seen the
occurrence and turned hostile.
PW15/Radhakrishnan deposed that his elder son is Jagan and second son is
Raja. Jagan was given life imprisonment in a case registered by Mudaliarpet Police
Station. During the occurrence time he was in Karaikal jail. He used to give an
23
application to see his son in the jail. Before the occurrence he went to see Jagan in
Karaikal Jail, his son was found in depressed condition. He asked him for the reason,
he told him that there was danger to his life by Manikandan and Karuna. Then he
went home. Some 2 years before the occurrence he was taking treatment in the
hospital, at that time one person contacted him, through telephone and told him
Jagan was dead. Since he was feeling unconcious he did not go there. Then he went
to the Government hospital, the dead body was found in Mortuary. He identified the
dead body to the police. No injury was found on the dead body, but there was injury
on the head. The R.D.O. and Collector questioned him at the hospital. He was
questioned by the Judicial Magistrate also. He sent letter to the Chief Secretary and
the xerox copy of that letter and other documents are Ex.C1 series.
PW16/Jayamurthiraja deposed that PW15 is his father. He is working as Head
Constable in Indian Reserve Batallian. His elder brother is Jagan. On the date of
occurrence he was in Puducherry ground attending parade, at that time it was
informed to him that a bomb blast had happened at the orleanpet police station limit.
A day before the occurrence he had seen Jagan at the court when he was brought for
another case. He asked Jagan why he was creating problem for that Jagan told him
that he has done nothing and false case were registered against him. Some two to
three months before he went to Karaikal Jail to see Jagan, at that time his father
asked Jagan why he was sad for that Jagan told that he had danger from Manikandan
and Karuna and he further told that that while he was brought to court they are going
to do something serious and so he was afraid of them. On 09.08.2012 near the
Puducherry court Jagan had seen accused Dandapani, Jana, Iyyappan, Susai, Magesh
and their friends. Since there was police escort nothing will happen is the reply given
by him to Jagan for that Jagan told him that the police people are helping
Manikandan and Karuna and they are their persons, then he was taken to police
station. On hearing the news that the police vehicle was damaged due to bomb blast
he had doubt that Jagan might be dead in that occurrence. So he contacted them
through telephone and it was informed that the dead person was Jagan. He handed
over the riffle and went to the scene place, at that time Jagan was taken to G.H., then
24
he went to G.H. in the evening, since his head was broken into pieces, he is not able
to see him.
PW17/Baranitharan deposed on 10.08.2012 while he was catching fish at the
Chunaber bridge at about 4.00 p.m. he heard a sound of bomb blast, He was in the
old bridge, but the sound was heard in the new bridge. He found smoke from the
police van. Some 20 persons were found there, he went inside the van and found
somebody dead. Who are the persons in the crowd is not known to him. Then he
went to G.H. there it was informed to him that Jagan was murdered. Father of Jagan
and his brother was found there. Iyyappan had thrown bomb and killed Jagan is the
news heard by him. No inquest was done before him and he was not questioned
before Panchayatars and turned hostile.
PW18/Surya deposed that on 10.08.2012 at about 4.00 p.m. he went in the
Panimalar bus, when the bus reached Chunaber bridge PY-01-AC-4466 car
obstructed the bus a person who got from the car threatened the passengers in the
bus, at that time blue colour van came behind the bus on seeing the police van crowd
ran towards the van and threw country bomb. That van came behind and dashed a
Innova Car, at that time some 10 persons came in their motorcycle broke the glass
window in the van, two person went inside the van after sometime they all ran away
from that place. On 11.08.2012 he went to the mortuary, inquest was done at 1.00
noon, it continued for 2 hours for the postmortem. Body was handed over. When
he enquired he was told that there was enmity between Jagan and Manikandan and
his associates. Iyyappan killed Jagan. Among the accused the name of Iyyappan,
Soothi Magesh, Jana names were known to him other persons names were not
known to him. The named three persons were available before court and he turned
hostile.
PW19/Krishnamoorthy deposed that he is working as Police Constable in the
Katterikuppam Police Station. On 10.08.2012 he came home for taking food in is
motorcycle and at that time near Nonakuppam boat house the accused Suresh,
25
PW21/Sakthivel @ Murugan deposed the accused are not known to him and
he does not know the occurrence and turned hostile.
PW22/Sreenuvasan @ Sudhagar deposed that on 08.10.2012 at about 4.30
p.m. when he was coming near chunaber bridge, he heard bomb blast and a bus was
standing on the bridge, he asked crowd what had happened, it was told to him that
there was bomb blast. He had not seen the occurrence and turned hostile.
PW23/Durai deposed that on 10.08.2012 inbetween 7 to 12 noon he was
selling tender coconut near Chunaber bridge, he had not seen bomb blast, who
caused damage to the police vehicle is not known to him and turned hostile.
26
27
followers of Jagan beat the driver and not allowed them to unload the cement bags.
But no complaint was received in that. On 05.06.2012 Karuna asked for Parole in
order to attend his daughter's marriage. Since there was danger to his life he gave
objection for the parole petition. Then the supporters of Jagan threatened the J.K.
Bus owner and Lakshm saw mill owner by demanding money and burnt the bus and
saw mill for that Cr. No.:163/2012, 149/2012, 104/2012 were registered and they
were pending before court. On 19.08.2012 he had identified the loading and
unloading Sangam name board and took photo of that. The parole request given by
A2 is Ex.P7. The objection given by him is Ex.P8. As per the order of the High court
on 21.06.2012 he came home through escort parole. The loading and unloading
society name board photograph are M.O.5 series and C.D. Is M.O.6.
PW30/Sivakumar deposed on 11.08.2012 at about 5.00 p.m. he had arrested
accused Manikandan, Mathiash, Tamil, John Paul, Tamilselvan at Madagadipattu
lucky bar in connection with this case and handed over them before Circle Inspector.
His special report is Ex.P9.
PW31/Anandaraj deposed that during the occurrence he was working as
system operator in the Ultratech cement, the accused are not known to him. He had
not seen the occurrence, the society is also not known to him. For loading and
unloading commission was paid to lorry driver is not known to him. He had no
knowledge about the Nethaji Subachandra bose Loading and unloading society.
Kadiravan was working in their factory as manager, he had not informed him
through telephone that some problem is found in their godown. He had not taken any
injured to the hospital and turned hostile.
PW32/Prabagaran deposed that on 11.08.2012 he went to G.H. Along with
his friend Jayakumar inquest was conducted before them. After postmortem the
dress of the deceased were seized, blood stained torn pieces of baniyan M.O.7,
Blood stained socks (2)- M.O.8, foot skin shoe M.O.9., Pocket comb M.O.10. , full
hand shirt M.O.11. Sandal colour pant M.O.12., blood stained jutty M.O.13.,
28
black colour manimalai with Uthrasham M.O.14, blood stained ear stud M.O.15
were seized under the siezure mahazar.
PW33/Sivaraman deposed that he is working as VAO. On 11.08.2012 as per
the order of Tashildar Ramesh he and VAO Kumar went to Thavalakuppam Police
Station Inspector Palanivelu he had arrested five persons and they are going to give
confession and called them to stand as witness. A4, Soothi Manikandan, Mathiyas,
Minor Selvam @ Lourdsamy, John Paul, Tamilselvan gave confession, among
them four persons were available before court. Selva @ Lourdsamy is not available
before court, all the five persons were questioned by the inspector one by one they
told the inspector that they are willing to show the vehicle and the weapon. The
admissible portion in the confession of A4 is Ex.P10, the confession of A12 is
Ex.P11 the admissible portion in the confession of A18 is marked as Ex.P12. The
admissible portion in the confession of A25 is marked as Ex.P13. He and Kumar put
their signature in it. On the next day at 2.15 a.m. The car was found near the
Kandamangalam Police Station. It was identified by all the four accused. Inside the
car there was blood stained Patta Knife, there was two blood stained Pattaknife, they
were seized in the seizure mahazar, that car is Innova Car PY-01-AC-4466. The
knife seized from them is M.O.3. and M.O.4. Then on 18.08.2012 he and Kumar
went to Thavalakuppam Police Station and four persons were arrested and kept
there. A3, A8, A6 and A14 gave confession before them. They also told the
inspector that they are ready to hand over the weapon. The admissible portion in the
confession of A3 is marked as Ex.P14. The admissible portion in the confession of
A6 is marked as Ex.P15. The admissible portion is the confession of A8 is marked as
Ex.P16. The admissible portion is the confession of A14 is marked as Ex.P17. On
17.08.2012 they took them to Tindivanan railway parking and they identified the
motorcycle. A3 identified TVS Appachi vehicle, A6 identified black colour pulsar,
A8 identified black colour Pulsar, A14 identified Red colour Pulsar, those vehicle
were seized in the seizure mahazar, then they took them to the Thirukanchi
Odiampet road and identified the hidden country bomb and Veechuaruval. A3 and
A4 identified the country bomb, A6 and A8 identified the Veechuaruval, they were
29
seized in the seizure mahazar form. The motorcycle were available before court TVS
Appachi M.O.16, Black colour pulsar M.O.17, another pulsar M.O.18, red
colour pulsar M.O.19. Veechuaruval seized by the Polie is M.O.20 and M.O.21.
PW34/Managatti deposed that on 18.08.2012 as per the order of the Tasilhar
he and VAO Manikam appeared before Ariyankuppam Inspector at about 6.00 p.m.,
some four persons were in the police station they are Susai & Susairaj, Sathish, Jana
@ Parimalazhagan, Raja @ Pookaraja. Susai gave confession and told the inspector
that he is ready to hand over the weapon, the admissible portion in his confession is
Ex.P27. Sathish gave confession and told the Inspector the he is also ready to hand
over the weapon and the admissible portion in his confession is Ex.P28. Jana gave
confession and told the inspector that he is ready to hand over the weapons and the
admissible portion in his confession is Ex.P29. Raja gave confession that he is
willing to identify the weapon and hand over them, the admissible portion in the
confession is Ex.P30. On 19.08.2012 at about 8.00 a.m. they went along with
Inspector and the accused went to Tindivanan railway parking and Sathish @ Ravi
identified one motorcycle Passion Pro and it was seized under Ex.P31 that
motorcycle is M.O.22. Then they went to the bushes near Iyyappan temple and Susai
handed over one bomb, it was seized under Ex.P32. Then Sathish identified one
bomb, it was seized under Ex.P33. Then Jana handed over one knife from the bush
and was seized under Ex.P34. The knife which was seized from there is not available
before court. Raja @ Pookaraja from behind the bush had taken one knife and
handed over it and that knife is also not available before court. Then they all came to
Chunnambar bridge and susai informed about the manner of occurrence, then they
went to Achariya School and near that place they have informed him about the
manner of bomb blast by way of exploding the country bomb. Then the exploded
pieces were seized, then sample soil and the exploded soil were seized, the remnant
of the country bomb is Ex.P35. The sand taken from the place is Ex.P36 and near
Acharya school photos were taken to show the recovery place, those photos are
M.O.23. Series. C.D. Is M.O.24, photos taken near Nonankuppam bridge is M.O.25
and CD is M.O.26. On 05.09.2012 as per the order of the Tasilhar they went to the
30
police station again, accused Jackson was found there. He and VAO Dayalan went
and on that day Jackson gave confession before them and told the inspector he is
ready to identify the weapon. The admissible portion in his confession is Ex.P37.
Then Jackson took them to his house at Franchuva ground and handed over TVS
Appachi motorcycle, it was seized under Ex.P38. That motorcycle M.O.27. On
14.09.2012 they went to Thavalakuppam Police Station, one Moorthy was found
there, he also gave confession, he also told the Inspector that he is willing to hand
over the weapon, the admissible portion in his confession is Ex.P39. Then on the
next day at 9.15 a.m. they went to the police station then they went to green park
from the bushes one aruval was identified by Moorthy, it was seized in the seizure
mahazar Ex.P40 and M.O.28.
PW35/Sivabalan deposed that he is working as VAO on 21.08.2012 Tahisldar
Mathi informed him through telephone to go to Thavalakuppam Police Station, so at
5.00 p.m. he went to the Police Station, there accused Anthonysamy, Magesh @
Kulla Magesh, Dileep, Murali and Sankar were found. Anthonysamy gave
confession and he told the inspector that he is ready to hand over the weapon. The
admissible portion in his confession is Ex.P41. Then Magesh gave confession and he
also told the Inspector that he is willing to hand over the material objects, the
admissible portion in his confession is Ex.P42. Then accused Dileep gave the
confession, he also told the inspector that he is willing to hand over the material
objects, the admissible portion in his confession is Ex.P43. Then Murali gave the
confession, he also told the inspector that he willing to hand over the material
objects, the admissible portion in his confession is Ex.P44. Then accused Sankar
gave the confession, he also told the inspector that he is ready to hand over the
material objects, the admissible portion in his confession is Ex.P45. The confessions
were recorded by the typist, which was told by the Inspector. All the accused put
their signature in the confession, then he and Mathis put their signature in it. On
28.08.2012 at 8.00 a.m. He and Mathi went to the Thavalakuppam Police Station,
then all the five accused and Mathi and police party went to Abishegapakkam
graveyard and the accused Anthony identified one Veechuaruval which was hidden
31
near the bush, it was seized under Ex.P46. The knife is M.O.27. Then accused
Magesh also handed over one knife which was seized under Ex.P47 and knife is
M.O.30. Dileep also handed over one knife which was taken from the bushes and it
was Ex.P49 that knife is not available before court. Accused Sankar handed over one
knife which was hidden in the bushes, it was seized under Ex.P50 that knife is
M.O.32. He and Mathi put their signature in all the seizure mahazars.
PW36/Kirubagaran deposed that he is working as VAO, on 23.08.2012
Tahisldar Ramesh asked him to go to Thavalakuppam Police Station. He and
Vazhumuni VAO went to the police station at 7.00 p.m. there accused Stephen,
Danadapani, David, Alex, Bima @ Sathish were found. Stephen voluntarily gave
confession, then Tamil and David gave confession, then Alex gave confession, they
all told the Inspector that they had hidden the material objects in a place and they are
willing to hand over them to the police. The admissible portion in the confession of
Alex is Ex.P51, the admissible portion in the confession of Gnanavel is Ex.P52. The
admissible portion in the confession of Bima @ Sathish is Ex.P53. Then on the next
day at 11.00 a.m. They went to Abishegapakkam Tea company and from Thamarai
Kulam accused Alx had taken a knife and it was seized in the seizure mahazar
Ex.P54 and knife is M.O.33 the accused Gnanavel took them to the place were the
explosives were hidden and from his house he handed over 100 gms explosive and it
was seized under Ex.P55. Then some two house away from his house the house of
Sasikumar was found Sasikumar went inside the house and handed over 100 gms of
explosives, it was seized under Ex.P56. He and Vazhumuni put their signature in the
seizure mahazars.
PW37/Jothiraman deposed that on 10.08.2012, he went away from the
manure shop at 3.00 p.m., so he had not seen the occurrence, then he came to the
shop only on 13.08.2012 and turned hostile.
PW38/Kumar deposed that he is working in Ultratech cement company as
Clerk, and in the office cement bags loading and unloading was done. Witness
32
Karthik, is also working in their company. Nobody was attacked inside their
company. The accused Karuna and deceased Jagan are not known to him. Nobody
has threatened him and turned hostile.
PW39/Kathiravan deposed that he is working as clearing agent in the
Ultratech cement company. Nobody has threatened them by demanding Mamul,
while loading and unloading, nobody had created any problem and turned hostile.
PW40/Jesudass deposed that he is running workshop. Nobody has put their
car in his workshop and turned hostile.
PW41/Moorthy deposed that he is running a workshop, nobody has parked
his car near his workshop and turned hostile.
PW42/Sadasivam deposed that he is working as crane operator, he is running
workshop at Thiruvandarkoil. Workshop of Jesudass was some four kms away from
his workshop. Who parked his car near his workshop is not known to him and turned
hostile.
PW43/Sivasubramanian deposed that he is working as RL at Pondicherry.
While, he was working in Yanam, Yanam Tasildhar informed Silambarasan and
Rashid to go to the police station and stood as witness. So on 18.10.2012 at 1.00
p.m. they went to the Yanam police station, A1 and A2 were found there, Inspector
questioned A1 and he voluntarily gave confession. He told the inspector that his
cellphone No.: 8056893673 and voter I.D. Which was used for getting the phone
connection is placed in his cell and is ready to hand over it. The admissible portion
in his confession is Ex.P57. So they all went to Yanam jail and in a notebook the
voter I.D. was found and it was handed over by A1. It was seized by the Jail
Superintendent in a Mahazar which is Ex.P58 and voter I.D. Xerox is Ex.P59. Then
at 3.00 p.m. police questioned the second accused he also gave the confession. Then
they all returned to the police station.
33
PW44/Ram deposed that he is working in Kerala. The accused are not known
to him. Whether they had conspired is not known to him. Nobody has given him the
object and asked him to keep it safely and turned hostile.
PW45/Kumar he is working as master in hotel. The accused are not known to
him. The accused Iyyappan is also not known to him. Who went inside the house of
Iyyappan and whether anybody handed over anything to police is not known to him
and turned hostile.
PW46/Shanmugam deposed that he is working as executive in the India
Tobacco company, he had not seen PY-01-AC-4466 car, he had not seen that car,
motorcycle and the assembly of 20 persons. After the police van crossed him, the
unlawful assembly also went away is also not known to him. It is not known to him
that Jagan was murdered and turned hostile.
PW47/Sreenuvasan deposed that he is working as watchman. He had not seen
PY-01-AC-4466 Innova car, he has not seen that car, motorcycle and assembly of 20
persons. He had not seen the police van coming from Pondicherry, whether Jagan
was murdered is not known to him and turned hostile.
PW48/Tamizh deposed that he is doing centering work. He had not seen PY01-AC-4466 Innova car. He used to come to Pondicherry for his case there, that time
he had not seen accused Susai, Iyyappan and Jackson and John Paul, moorthy
Dandapani. Whether Jagan was murdered is not known to him and turned hostile.
PW49/Chandar deposed that the accused are not known to him. He is running
a saw mill opposite to the court. PY-01-AC-4466 Innova car and motorcycle and 20
person had not assembled before his saw mill. Nobody has assembled in the court
complex or before his shop and turned hostile.
34
35
PW57/S. James Sundar @ Shyam deposed that the accused Dandapani is not
known to him. He used to bring his Innova car for service with the No.:PY-01-AC4466. His cellphone Number is 9791854023. The cell number of Dandapani is
9894948814. On 08.08.2012, Dandapani contacted him through phone for doing
service to his car. He asked to put that vehicle and sent it back. He had no
knowledge about the occurrence.
PW58/M. Mohamed Ibrahim deposed that the accused Dandapani is not
known to him. Witness Murugan and Devayani are not known to him. His cellphone
number is 9043474633. He did not give his phone to anybody. He never gave his
phone to Dandapani. Whether Dandapani is available before court is not known to
him and turned hostile.
PW59/S. Jayaseelan deposed that Ravi @ Sathish is not known to him.
Whether he is available before court is not known to him. By way of seeing the I.D.
He never got a phone connection to Ravi. He was questioned by police and turned
hostile.
PW60/S. Tamilarasan deposed that the accused Sundar is not known to him.
Whether he is available before court is not known. Cellphone number of Sundar is
not known to him. He never talked to Sundar and turned hostile.
PW61/M. Murugaiyan @ Agamai deposed that the accused are not known to
him. The accused Sundar is not known to him. Sundar never asked him to arrange
for a Sangam and he had cellphone number 9994474576 and 9500837119.
Cellphone number of Sundar is not known to him. He never received any call from
7708551181 and turned hostile.
PW62/K. Raja deposed that the accused Sundar is not known to him. His
owner name is Basha, his uncle name is Sukumar. He had cellphone number
9566951901. Sundar never used to call him through phone and turned hostile.
36
37
PW69/S. Ravikumar deposed that the accused Sathish @ Ravi is not known
to him. The accused are not known to him. His cellphone number 9688625681 and
turned hostile.
PW70/B. Thomas deposed that the accused Jana @ Parimalazhagan is not
known to him. He had liquor habit, he never gave his I.D. to anyone to get phone
connection. Whether anybody used his I.D. and obtained sim card is not known to
him and turned hostile.
PW71/K. Vengatesan deposed that the accused Jana @ is not known to him.
Where he is living is not known to him. He had no cellphone connection. Nobody
contacted him or his wife through cellphone. With regard to the chit transaction,
nobody contacted him through phone and turned hostile.
PW72/G. Gowthamy deposed that she is working as Nurse. The accused Ravi
is not known to her. She had no cellphone. The accused are not known to her. She
never gave cellphone to the wife of the accused or accused and turned hostile.
PW73/S. Anand deposed that the accused Murali is not known to him.
Cellphone number is 9360232990 and turned hostile.
PW74/Moorthy deposed that the accused are not known to him. Some three
years before the occurrence, he pledged his Hero Honda Passion motorcycle with
Kandiban and obtained Rs.15,000/-, the registration number of his vehicle is PY-01AG-8886, then he pledged that vehicle to Solamen for Rs.10,000/- and then he had
never seen Solamen and it was informed to him that his vehicle is involved in the
occurrence. He was not questioned by police.
PW75/M. Mullaiventhan deposed that he had cellphone at the time of
occurrence, he had forgotten its number. The present cellphone number is
8098340767. The accused Jana @ is not known to him. He contacted him through
38
his cellphone, he asked him by telling whether you are that person and for that he
said no and so he cut the connection and turned hostile.
PW76/V. Ravishankar deposed that he had a Innova Car and its number is
PY-01-AC-4466, he sold that vehicle to Elumalai in the year 2011. The R.C. Was
transferred in his name. It was told to him that Innova car was used in the
occurrence.
PW77/T. Kalavathi deposed that she had lost her cellphone some four years
before. She gave that cellphone to her daughter, she was studying in college, its
number is 848999413. Then it was informed to her that cellphone was used by Bima
@ Sasikumar
PW78/E. Karhtigavani deposed that she had no cellphone. Cellphone
8066893673 does not belong to her. She never gave her I.D. to anybody to get phone
connection and turned hostile.
PW79/G. Lingeshwaran deposed that on 01.09.2012 at 5.00 p.m. he went to
the Uppalam Elipad ground. Some four bombs were kept there, bomb squad
exploded them before him. The exploded objects, small stones, balrus, thread, paper,
nails were seized under Ex.P60. Then the portion of the bomb, black colour nail,
thread, balrus, paper were M.O.34 series. He put his signature in the seizure form.
PW80/R. Krishnamoorthy deposed that he used to park his motorcycle in the
Railway motorcycle parking at Tindivanam and from there he used to travel by train.
On 18.8.2012 at 11.00 p.m. he went to the Railway station parking and enquired the
vehicle supervisor and it was informed to him that police seized his vehicle in
connection with this case. His vehicle is PY-01-BF-8255, then he contacted the
parking owner through cellphone, he informed him to contact Thavalakuppam
police, so he went to police station and they enquired him and asked him whether he
had given his vehicle to anyone of the accused. He said no then they perused his
39
documents and sent him back. On 29.09.2012 he went to the police station and they
told him that vehicle is also involved in the occurrence and asked him to get the
vehicle back from court.
PW81/M. Nagaraj deposed that it was informed to him that Jagan was
murdered, so he went to G.H. Nobody was allowed to go inside. Police obtained his
signature, he had not seen the dead body, he had not given any opinion about the
death of Jagan. Individual summons were served to him. He put three or four
signature. Inquest report is Ex.P61, summons is Ex.P62 and turned hostile.
PW82/N. Soundarajan deposed that on 10.08.2012 he went to the scene place.
He was not allowed to go near the place by the police. Jagan was found dead inside
the police vehicle. On 11.08.2012 he went to G.H. He was served with summons.
Ramakrishnan also received the summons. Cut injury were found on the dead body.
His signature in the summons is Ex.P63. Signature in the inquest report is Ex.P64.
He did not give any opinion about the death of Jagan and turned hostile.
PW83/B. Ramakrishnan deposed that on 10.08.2012 at 6.00 p.m. he had
received news that Jagan was murdered. On the next day he went to G.H. Police
asked him to stand as Panchayatar. Cut injuries was found on the head of the dead
body. From 1.00 p.m. till 4.00 p.m. inquest was conducted. During the inquest he
told the police that bomb and knife are used for causing injury to Jagan and that is
the reason for the death. Inquest report is Ex.P65. His signature in the summons is
Ex.P66.
PW84/Sheriban deposed that he had a pulsar motorcycle and its registration
number is PY-01- P - 0718, He purchased that motorcycle by getting loan. He used
it for three months and then sold it to Solamen, its loan due were paid by Solamen.
Then it was informed to him that vehicle was involved in this case.
40
No.:42/2010 u/s 307 r/w 34 IPC. The FIR is marked as Ex.P67. Then he went to
JIMPER hospital and questioned injured Murder Manikandan. He told him that
Karuna, Jagan, Sanikumar and Basha attacked him in the Jail, due to previous
enmity. Injuries were found on his both eyes, both legs and left hand. Then he had
returned to the scene place and prepared sketch, photos of the scene place taken. He
has seized black stone and blood stained towel from cell No.:12 of the jail before
witness. He had questioned the witness and recorded their statement. Then as per the
order of the court he took him for police custody and questioned him. Then Murder
Manikandan was sent to Government Hospital, Chennai for further treatment. He
told him that the followers of Jagan attacked him and so he will look after Jagan
41
latter. He handed over the case bundles to Velaiyan. Then it was brought to his
knowledge that case ended in acquittal. On 10.08.2012 he came to know that in the
murder of Jagan, Murder Manikandan was also involved. On 27.08.2010
Ariyankuppam Inspector questioned him and he told him that there was previous
enmity between the deceased Jagan and accused Manikandan.
PW89/V. Sivakumar deposed that he was working as VAO. On 11.09.2009 as
per the order of Tahisldar Ramesh at about 10.30 a.m. He and Dayalan went to the
police station. Accused Maduvapet Magesh was there, but he identified Mathias as
Maduvapet Magesh, police questioned him before them he gave confession and told
them that he is willing to hand over the material objects. The admissible portion in
his confession is Ex.P68. On that day at 1.00 p.m. he took them to Achariya and
handed over one knife, it was seized under seizure mahazar, that knife was already
marked as M.O.21. On 08.10.2012 at 2.30 p.m. he and Dalayan went to the police
and accused Sudhagar was there he also gave confession and told them that he is
ready to hand over the material objects, the admissible portion in his confession is
Ex.P69. On that day at 6.00 p.m. the accused took them to Vanarapet Gop thope
were his house is situated, in his house near the bushes he had taken one knife and
handed over to the Inspector, the knife is M.O.35. and the seizure mahazar is
Ex.P70.
PW90/S. Srinivasan @ Ravisankar deposed that on 13.08.2012 as per te
requisition of the Ariyankuppam Police Station, he had examined one Tempo
traveller PY-01-G-9961 and Innova Car TN-31-AA-3336. Head light of the Tempo
traveller was broken. He had seen 18 damaged, the Innova car had 7 damages. His
report is Ex.P71.
PW91/S. Kabilan deposed that on 17.10.2012 Thavalakuppam Inspector had
formally arrested Karuna and Manikandan. Both of them refused to put their
signature in it, then the Inspector went away. On 18.10.2012 a petition was filed for
police custody at Yanam court, so they were taken for custody from the Yanam Jail
42
and both the accused were handed over to him at 4.45 p.m. Inspector had checked up
those two persons, whether he had received the sample signature from the accused is
not known to him. Then Inspector obtained their signature for receiving voter I.D.
and he turned hostile.
PW92/Dr. R. Kamalraj deposed that on 18.08.2012 while he was working in
G.H. The accused Susairaj was brought by P.C. 2420 before him at 5.30 p.m. He
told him that while throwing bomb over the van glass pieces from the van caused
injury on his left leg and he had sustained injury on 10.08.2012 at 4.00 p.m. near
Chunaber bridge. There was a small injury on his left leg and blood was oozing from
the injury, that injury is simple in nature. The wound certificate is Ex.P73. Then the
Ariyankuppam police Inspector gave a letter containing certain questions. On
10.09.2012 for the first question he answered that the injury are possible at the
alleged time of occurrence for the second one he answered that the injury are
possible within 7 to 15 days and letter given by the Inspector is Ex.P74. His
answered is Ex.P75. On 18.08.2012 at 5.30 p.m. Sathish @ Ravi was brought by
P.C. 2420 for treatment. He told him that on 10.08.2012 at about 4.00 p.m. while
throwing bomb over the vehicle a glass piece from the vehicle caused injury on his
abdomen and rotten small injuries are found on his front abdomen, those injuries are
simple and wound certificate is Ex.P76. On 10.09.2012, Ariyankuppam police
Inspector asked him certain questions with regard to the injury, that questions paper
is Ex.P77 and his reply is Ex.P78. For the first question he told him that the injury
are possible on the date alleged by him, for the second question he told him those
injuries are possible 7 to 15 days prior to his seeing.
PW93/Dr. K. Kandhan Nagraj deposed that on 23.08.2012 at 19.18 hrs Alex
@ Karupu Alex was brough through P.C. 1523, he told him that he had sustianed
injuries on his left leg thumb by a broken glass piece. On 10.08.2012 at 16.15 hrs at
Chunnambar bridge he had seen the injury measuring 2x2 cms on his left leg thumb,
the injury is simple in nature. The certificate issued is Ex.P79. The Inspector,
43
Thavalakuppam police asked him certain clarifications and that clarifications letter is
Ex.P80 and his reply is Ex.P81. The Injury are possible by broken glass pieces.
PW94/Dr. Aswini deposed that on 10.08.2012 at 4.32 p.m. the injured
Thirumurugan, Nagarajan, Senthilkumar, Rajendiran were brought by police. She
had examined Thirumurugan at 4.32 p.m. He told him that while travelling in a van
on 10.08.2012 at 4.00 p.m. due to throwing of bomb at Ariyankuppam bridge he had
sustained injury. He told him that there is difficulty in hearing. She had seen several
injuries on his centre of right thigh measuring 2 x 1 cms another injury is found on
the right knee 2 x 1 cms. Another injury abrasion was found on his right leg
measuring 2 x 1 cms. Injuries are fresh, since there was difficulty in hearing that
injury is grievous. The wound certificate is Ex.P82 and final report is Ex.P83. On
that day at 5.03 p.. she had examined Nagarajan, he was found in drowsy condition,
he complained of headache, there was hole on the both eardrum, that injury is
grievous, he told her that while travelling in a van by the bomb blast on 10.08.2012
at 4.00 p.m. he had sustained injury. The wound certificate is Ex.P84, final report is
Ex.P85. On 5.13 p.m, Senthilkumar was brought before her, he also told her that
while travelling in a van by bomb blast he had sustained injury, he also told her that
there is difficulty in hearing. He told her that he had sustained injury on the head
there was an abrasion on his left elbow measuring 0.25 x 0.25 cms, that injury is
simple in nature. The wound certificate is Ex.P86, final report is Ex.P87. The
injuries are fresh. On that day at 4.30 p.m. he examined Rajendiran, he told her
while travelling in a van on 10.08.2012 in the bomb blast he sustained injury,
lacerated injury on the left eye from front head from the forehead till left eye 5x1x1
cms another abrasion was found on the lower hip 0.1 x 0.5 cms, another injury was
found on the right thigh measuring 2 x 2 cms. Injury are fresh. The injury on the eye
is grievous in nature. The wound certificate is Ex.P88, final report is Ex.P89.
PW95/Dr. Sivasankari, deposed that on 10.08.2012 at 5.10 p.m. Kumar was
brought for treatment, he told her that while travelling in a van in the bomb blast on
10.08.2012 at 4.00 p.m. at Ariyankuppam bridge he had sustained injury. He had
44
headache and difficulty in hearing. As per ENT medical officer opinion the difficulty
in hearing is grievous, the wound certificate is Ex.P90, final report is Ex.P91.
PW96/S. Sunil deposed that on 15.10.2012 as per the requisition of the S.P.
Rural, he gave call details of Vodofone No.:8489999413 for the date on 9 th and 10th
August 2012. He gave the details on 26.10.2012 along with I.D. proof and
application form. That vodofone number belongs to Kalavathi. The voter I.D. is
Ex.P92, requisition is Ex.P93, call details for the period 09.08.2012 and 10.08.2012
is Ex.P94. The certificate issued for that is Ex.P95.
PW97/Dr. G.L. Upadhyaga deposed that he had received the vicera from P.C.
Thavalakuppam on 22.08.2012. He chemically examined the vicera and submitted
his report. The Vicera is concerned with Jagan and the vicera is free from any poison
is his opinion and the report is Ex.P96.
PW98/Dr. Annamalai deposed that on 10.08.2012 from 4.30 p.m till 5.00
p.m. the injured person came for treatment. Police informed him that they are going
to record the statement of the injured, so he gave conscious certificate of Sub
Inspector Senthilkumar and `is Ex.P97 and on that day at 11.00 p.m. Police seized
the dress of Senthilkumar, Rajendiran, Kumar and Nagaraja. He put his signature in
the seizure mahazar is Ex.P98. Among the injured one injured was in civil dress,
other are in uniform. The material objects seized before him is M.O.36 to M.O.52.
PW99/Murali deposed that he had recorded the confession, typed all
statement of the witnesses. He had gone to Yanam and typed the confession
statement of Manikandan and Karuna. Then he had taken the print out and handed
over to the Inspector.
PW100/Govindhan deposed that while he was working as ASI, as per the
request of the Circle Inspector
45
46
mirror on the left and right side were not broken. The beading which was used for
fixing the mirror was damaged. The rexin fixed on the upper portion was damaged,
rear seat mirror was damaged.
PW105/Rajavel deposed that he had recorded the statement of witnesses in
Tamil. The witness told the Inspector and the Inspector told him and he had written
it in Tamil. He put his signature in all the statements.
PW106/Perriyannasamy deposed that the witnesses were questioned by the
Inspector. Inspector told it to him and he recorded it.
PW107/Ranganathan deposed that he is working as Police Photographer. On
10.08.2012 at 5.00 p.m. Inspector Palanivel asked him toe come to the scene place,
so he went to the Chunaber bridge and took 12 photographs of Jagan M.O.61
series. CD is M.O.62. On 11.12.2012 at 12.00 noon he went to the G.H. And took 6
photos of the dead body of Jagan M.O.63, CD M.O.64. Then he went to
Thavalakuppam Police Station and took photographs of Panimalar Bus PY-01---At 2.30 p.m. the photographs M.O.65, C.D. - M.O.66. On 19.08.2012 scene place
and the Chunaber bridge were taken photographs M.O.66, C.D. - M.O.68. Then he
went to Thirukanchi Archarya school and took the place were the bombs were
exploded and the photographs M.O.69, C.D. - M.O.70. On 25.08.2012 at 12.00
noon he went to Mudaliarpet 100 feet road and took photographs of Nethaji
Subashchandra bose Loading and unloading society board M.O.71, C.D. - M.O.72.
Then he went to Athiparasakthi Nagar and took the Nethaji loading and unloading
society board at 12.00 noon, photographs M.O.73, C.D.- M.O.74. On 19.08.2012
he handed over all the photographs to the Inspector.
PW108/Ramesh deposed that on 29.08.2012, as per the requisition of the
Ariyankuppam Police Station. He has examined PY-01-AC-4466 Innova Car its
registration certificate owner is Chandra, the chasis number 2KD 9397288 Engine
47
number KUN 4074209760805 that vehicle was pledged to Sriram Chit Union
Finance, requisition is Ex.P102 and report is Ex.P103.
PW109/Dr. S. Vijay deposed that he is working in CFSL, Madras and he had
examined the explosives and his final report is Ex.P104 and its cover is Ex.P105.
PW110/Dr. S. Diwakar deposed that he is working has Senior Resident
Forensic Medicine Department, Puducherry. On 11.08.2012 in the evening he
received the requisition to conduct postmortem in the dead body of Jagan. The
postmortem commenced at 4.00 p.m. and concluded at 5.00 p.m. He had seen
1)
2)
Epidermo dermal burns 8 x 3 cms over the lower and outer aspect of
left forearm
3)
23 x 8 cms over the top of the head with loss entire brain.
4)
5)
6)
7)
8)
9)
3.5 x .50 cms over the upper aspect of the left ear.
10)
Internal examination the entire brain found lost in an empty skull cavity
which shows comminuted fracter of the skull bone part of it lost. Stomach contain
partly digested cooked rice particles with curd. The deceased died of multiple cut
injuries over the head. He collected the vicera and sent it for chemical examination
at the forensic lab at Gorimedu. He collected the sample and also suspected areas of
burns for explosive materials to CFSL, Hyderbad. Then he forwarded the original
postmortem certificate and the proforma of custodial death to National Human
Rights Commission, Delhi. On getting the viscera report from Lab at Gorimedu the
final opinion was prepared report shows no appreciable amount of alcohol in the
48
deceased body is Ex.P106, the final report is Ex.P107, the intimation to human rights
commission is Ex.P108. Death might have occurred 18 to 20 hrs before autopsy. The
brain found in the skull due to cutting of his skull indiscriminately. Burns injuries
may be due to splinters from the country made bomb. The injury to the skull is due
to heavy cutting sharp weapon. The injury on the deceased caused instantaneous
death. All the external injuries 3 to 10 are the cause of the cumulatively.
PW111/D. Kasturibai deposed that on 13.09.2012 she had received the
material objects from JM-I, she had received it on 05.09.2012 and 10.09.2012,
totally there were 42 sealed material objects, her report dated 15.10.2012 was sent to
the court. Ex.P17 was sent to the Serologist department, then in item No.:1,8,9,26,27
were sent to the chemical analysis department. In item No.:1,11 and 12 were also
sent to the Biological department, her repot is Ex.P109, its cover is Ex.P110.
PW112/Radhika Balachandiran deposed that on 21.09.2012 she had received
the material objects from the Forensic Science Department, Chennai. She had
received a pair of socks, plastic comb, 76 cms length knife, 64 cms length knife and
torn jutty. On examination except item No.:5 others contain human blood, in item
No.:8 to 16, 19 to 25; 29 to 39 also contain human blood except item 9 and 12. Her
report dated 17.10.2012 is sent to court. The remaining items were sent through H.C.
Pachayaippan to JM-I that letter is Ex.P111.
PW113/Kala deposed that on 29.01.2012 she was working in the explosives
examination department she had received in item No.:1 8,9, 26 and 27. Her report
is Ex.P112.
PW114/Murali deposed that as per the order of the Rural S.P. He had sent the
cellphone details of Airtel and Aircel company through mail and received the call
detail information. He had received the Airtel and Vodofone tower place details also.
He had further informed to secure all the I.D. with regard to the cellphone from
49
09.08.2012 till 10.08.2012 from which tower telephone went was gathered and he
chat it out and that record is Ex.P113, its C.D. Is M.O.75.
PW115/A. Johnson deposed that he is working in Airtel company as Nodal
officer in connection with this case they asked for some 7 or 8 call details and the
tower details, he sent those details through mail. He had received the letter Ex.D27
and his reply is Ex.D28. Police showed him the details sent by him through email.
With regard to mobile number 8056893673 he gave 10 pages print out and put his
signature i.e. Ex.P114, its xerox copy is Ex.P115. With regard to mobile number
9944979494 he gave 10 pages print out that is Ex.P116 and xerox copy is Ex.P117.
With regard to mobile No.:9894948814 also he gave print out with his signature i.e.
Ex.P118 and its xerox is Ex.P119. With regard to mobile No.:9629704676 he gave 9
pages print out and put his signature i.e. Ex.P120, its xerox is Ex.P121. With regard
to mobile No.:9790588228 he gave 7 pages print out with his signature Ex.P122 and
xerox is Ex.P123. With regard to mobile No.:9789649536 he gave 10 pages print out
with his signature i.e. Ex.P126 and xerox is Ex.P127. With regard to mobile number
8220854935 he gave 5 pages print out with his signature i.e. Ex.P128 and xerox is
Ex.P129. With regard to mobile number 7708551181 he took 7 pages print out with
his signature i.e. Ex.P130 and xerox is Ex.P131.
PW116/Dr. Pradeep deposed that he is working in Sankara Nethralaya as Eye
Specialist. On 10.08.2012 he examined Rajendiran in the Emergency department at
around 11.15 p.m. He had no perception of light in the left eye and there was a
wound on the forehead of the left side along lid tear and left eye ball was ruptured,
so emergency surgery was done to repair the skin in the forehead wound and rupture
of the eye ball. Then he was in the hospital as inpatient on 10.08.2012, he underwent
lid repair and discharged on 18.08.2012. He was evaluated on 24.08.2012 at OPD
basis, he had sugar control and was taken up for further retinal procedure. During the
surgery it was noted that the left eye was completely damaged and could not revive
his eye sight and the case was abandanded. He was planning to go for one more
surgery. History of the case is Ex.P132 and present case sheet is Ex.P133 and the list
50
51
52
sent to the Higher Officials on 22.08.2012, as per the order of the Inspector he had
obtained permission of Jail Superintendent, Kalapet Jail and arrested Alex @
Kurupu Alex formally. It was informed to the investigating officer on 01.09.2012.
As per the order of the Inspector the seized bombs which was in the court custody
were diffused before witness Lingeswaran and Velarasan. The diffused portion were
seized in the seizure mahazar.
PW121/Uthamaraj deposed that while he was working in the Puducherry as
JM-II he had received an order from the CJM on 11.08.2012 at 6.25 a.m. As per his
order he had done Judicial enquiry u/s 176 (1)(a) and submitted his report to the
CJM on 30.04.2013. His report is Ex.P142. During the enquiry he had enquired
witness Senthilkumar, Thirumurugan, Nagarajan, Kumar, Rajaraman, Paneer,
Baranitharan, Vinayagamoorthy, Suburayan, Malaivasan, Srinivasan, Dayalan,
Sivaram, Sakthivel @ Murugan, Thulasingam, Rajendiran, Dr. Diwakar, Dr.
Sivaramanchandiran,
witness
Jayamoorthy,
Raja,
Radhakrishnan,
Inspector
Palanivel and recorded their statement. His report along with the statement of
witness containing 252 pages is Ex.P142.
PW122/Palanivel deposed that on 10.08.2012 at about 3.30 p.m. he was in
Bandhubus duty at Kanniakoil Pachaivaiamman Temple festival at about 16.15 hrs,
S.I. Lennin Bharathi contacted him through phone and told him that there was bomb
blast at Ariyankuppam Chunaber bridge and police escort van PY-01-G-9961 was
damaged and the life convict Jagan who was inside the van was murdered. He was
also informed that the escort police also sustained injury and they went to the
Government Hospital for treatment. So at 17.15 hrs. He went to the scene place there
H.C. Sivaram and Balachandar were available. The escort force traveller blue colour
van PY-01-G-9961 was found in a damaged condition and the life convict Jagan was
found inside the van dead. He also deposed that there was traffic jam in the bridge
and broken glass pieces, empty case of pistol were found there. He enquired the
people who assembled there and they told him that the police escort van was
obstructed and bombs were thrown on it and the life convict Jagan was murdered by
53
throwing country bombs and cut by knife. It was also informed that the escort police
also sustained injury, behind the escort van one Innova car was found TN-21-AA3336 in the dashed condition, before that on PRTC bus PY-01-BC-0795 was found.
He came to known that S.I. Lennin went to G.H. To get the complaint from the
injuries, he gave information to the police photographer and bomb squad and dog
squad. He gave information to the SDE Inspector and police control room. In order
to arrest the accused he gave information for vehicle check up. At that time
Ariyankuppam and Thavalakuppam and traffic police, P.C. Came to the spot with
their help traffic jam was cleared. The vehicle PY-01-X-3949 was causing
inconvenience to the traffic, it was sent to the Thavalakuppam Police Station. At
about 18.35 hrs S.I. Lenin Bharathi contacted him through phone and informed him
that he had received the intimation and received the conscious certificate of
Senthilkumar and recorded his statement. He also informed him he had registered
Cr. No.:91/2012 on the basis of the complaint given by S.I. Senthilkumar. On that
day from 18.45 hrs till 19.15 hrs he had prepared sketch, observation mahazar, crime
detail form with the help of P.C. The sketch Ex.P143, observation Mahazar Ex.P144,
Crime detail form Ex.P145. In the sketch the damaged glass pieces of Panimalar bus
was shown. Before the Panimalar bus driver Rajaram and conductor the crime detail
form was prepared, both of them put their signature in it. At 19.30 hrs, S.I. Lenin
Bharathi
Thirumurugan, Rajendiran and Nagarajan and Kumar and the injury intimation to
him. Before that photographer, bomb squad, dog squad came to the spot and they
have done their work. Bomb squad, S.I. Rajesh inspected the vehicle PY-01-G-9961
and siezed M.O.53 to M.O.60 and handed over it to him. At 8.15 hrs those material
objects were seized in the seizure mahazar. Rajesh and Balaji put their signature in
it. Then he had seized the blood stained broken glass pieces M.O.76 and the glass
pieces from the van without blood stain M.O.77. And blood stained black colour
shoe seized from the force van M.O.78, blood stained sponge and 9mm empty case
4nos M.O.80, empty case 2 nos from SLR pistol M.O.81. The cap of H.C. M.O.82, blood stained left leg leather chappel M.O.86, another brown colour shoe
M.O.84, broken front glass of force vehicle M.O.85, 50 gms sample metal road
54
portion M.O.86, 50 gms blood stained metal road portion M.O.87. The uniform
of S.I. Senthilkumar whistle card, red and blue colour ribbon, blood stained full pant
brown and brown belt, Kaki colour cap were seized before witness Velmurugan and
Kalaivan in the seizure form. The uniform of S.I. Senthilkumar and other accessories
is M.O.88, one way bag is M.O.89 was also seized in the seizure form Ex.P146 at
21.00 hrs. The dead body of Jagan was sent to G.H. Through H.C. Sivaram, the
damaged force vehicle was taken from there and it was kept in shed. The P.C.
Murugan gave him acknowledgment for giving express FIR. Then he went to G.H.
Trama ward and questioned S.I. Senthilkumar, Homeguard Kumar, P.C. Nagarajan
and ASI Thirumurugan from 21.15 hrs till 23.40 hrs and recorded their statement. At
23.45 hrs he had seized the blood stained white colour shirt of Senthil kumar
M.O.36 and blood stained pant M.O.37, white card, ribbon, star and blood stained
kaki shirt of ASI Thirumurugan and all material objects M.O.38 to M.O.52 were
seized under the seizure mahazar and Dr. Annamalai put his signature in it. On
11.08.2012 he had questioned witnesses Raja and Paneer and recorded their
statement at the scene place. He had questioned PRTC bus driver Vinayagam,
conductor Malaivasan at the scene place and recorded their statement. Then he gave
requisition for judicial enquiry to the JM and gave requisition to conduct inquest to
the District Collector. He had questioned witness Subayan, Sudhakar, Dayalan,
Sivaram, Sakthivel @ Murugan, Duraisamy, Natarajan, Thulasingam and recorded
their statement. Then he gave requisition to the RTO to examine the innova car and
the police escort van. With the help of S.I. Babuji at 13.00 hrs at Mortuary before
Panchayatars Nagarajan, Govindaraj, Suriyakumar, Krishnan, Ramakrishnan inquest
was conducted at that time witness Ramakrishnan, Jayamoorthy Raja, Baranitharan
were there and he questioned them and recorded their statement. During that time
the JM and Thasildar Ramesh conducted inquest initially. After inquest, postmortem
commenced at 16.00 hrs and it was concluded at 17.00 hrs at 16.30 hrs he had seized
the dress of the deceased M.O.7 to M.O.15 before witness Jayakumar and
Prabakaran in the seizure form Ex.P147. After postmortem the dead body of Jagan
was handed over to his father at 17.00 hrs. Then he had returned to Thavalakuppam
Police Station at 17.30 hrs. At 18.00 hrs SDF Rural Inspector Sivakumar informed
55
56
identified the scene place. On 17.08.2012 the accused took them to Tindivanam and
identified one Appachi motorcycle and A3 identified one Appachi motorcycle, it
was parked in the Railway parking, it was seized at 8.15 hrs in that place A8
identified a black colour Pulsar. At 8.45 hrs and that vehicle M.O.14, on that day at
9.15 hrs A6 identified M.O.18, at 9.45 hrs A14 identified M.O.19 and other
vehicle were seized in the seizure mahazar before witness. Then it was informed to
him that David and Tamil had surrendered before JM-II Cuddalore. A3 took them to
Thirukanchi road and Odiampet road junction and handed over the bombs at 12.00
hrs. It was also seized in the Seizure Mahazar from that place A4 handed over one
bomb and it was seized at 12.45 hrs. A18 handed over one Aruval at 13.15 hrs. A6
identified one Aruval. At 13.45 hrs all of them were seized in seizure mahazar then
accused were sent for remand. On 18.08.2012 at about 7.45 hrs he had questioned
witness Ramu and Kumar and recorded their statement, then he gave a requisition to
JM-I for police custody of A5, A7, A10 and A11. On 18.08.2012 he had questioned
witnesses Sasi, Shanmugam, Srinivasan and recorded their statement. A5, A7, A10
and A11 were taken for police custody and sent for medical examination. A10 was
examined by Dr. Kamalraj that he sustained injury in bomb blast, injury on his left
leg, A5 told Dr. Kamalraj that he had sustained an injury on his abdomen. A10
voluntarily gave confession. On 18.08.2012 at 20.15 hrs the confession was recorded
before Manikandan and Managatti. At 20.30 hrs A5 voluntarily gave confession.
A10 identified the place were the bombs were exploded for examination. He further
deposed that on 19.08.2012 A7 gave the con at 0105 hrs. At 3.30 hrs A11 gave
confession, A5 took them to the Railway parking at Tindivanam and identified the
motorcycle, it was seized in the seizure mahazar. Then the accused took them to
Abishegapakkam Iyyanar koil and A10 handed over one bomb it was seized before
the witness at 10.15 hrs near that place A5 handed over one bomb and it was also
sezied. A7 handed over one knife from the bushes and that knife M.0.92. It was also
seized in the seizure mahazar at 11.00 hrs. A11 identified one knife M.O.93, A10
identified the scene place by standing 200 mts away. Scene place was taken photos
at 12.00 hrs. the place were bombs were exploded for examination namely
Thengathittu was also taken photos. The sample road with explosives substances
57
were seized at 13.30 hrs, the sample road is M.O.94, Explosives mixed road is
MO.95 A23 and A24 surrendered before the court at Chennai, so he filed petition for
police custody of A9, A13, A16 and A20. On that day at 16.00 hrs he examined A5,
A7, A10 and A11 and sent them for remand. On 20.08.2012 in the early morning at
5.00 a.m. He received the informed that A26 is in Muthialpet market, so he wenmt
there and arrested him. He was brought to the police station and he gave confession
before witness Kalaivan and Velmurugan the arrest card of A26 is Ex.P153. On
20.08.2012 he handed over 200 gms explosives powder from his house that
explosives powder is M.O.96 and the seizure mahazar is Ex.P154. Then he took
them to the house of the accused Gnanavel and identified the place were country
bombs were prepared, then it was informed to him that A19 was arrested and he was
in Odiansalai Police Station. After interogating him A19 was sent for remand. On
21.08.2012 through P.C. Sivaram vicera was sent for Gorimedu PHC at 14.00 hrs
A9, A15, A16, A20 and A13 were taken for police custody. At 17.15 hrs A13 gave
confession which was recorded before Sivaraman, Moha--. At 19.30 hrs A6 gave
confession. At 16.45 hrs A16 gave confession on 20.08.2012 at 0015 hrs A9 gave
confession, A20 also gave confession before the very same witness. Then after the
confession the accused took them to Abishegapakkam graveyard and A13 identified
M.O.29 knife, A16 handed over one knife and A15 handed over one knife M.O.31
at 8.45 hrs. At 9.00 hrs A9 handed over one knife M.O.97 they were seized in the
seizure mahazar. Then all the accused took them to the scene of occurrence informed
them about the manner of occurrence. A15 identified the place were country bombs
were exploded for experiment. Then he gave a requisition to JM-I for formal arrest
of A19, the arrest memo of A19 is Ex.P155. Then he gave requisition to transfer
A23 and A24 to Puducherry Jail. S.I. Lenin Bharathi went to the Jail and as per the
order of JM-I he made formal arrest of A23 and A24. Then the accused were sent for
remand. On 23.08.2012 he gave a requisition to court for the issue of PT warrant for
A19. Then petition was given for police custody of A23 and A24. A19 and A23 and
A24 were given police custody. Then they were sent for medical examination. A19
told Dr. Kandhan Nagaraj that he had sustained a injury on his left leg Thumb. On
24.08.2012 A19 gave a confession and it was recorded at 4.15 hrs before Vazhumuni
58
and Kirubakaran. Then A24 gave a confession at 6.15 hrs, A23 gave a confession at
8.15 hrs. then A19 as per the confession took them to Abishegapakkam Tea factory
and near the Thamarai Kulam he handed over M.O. 33 Knife at 12.00 hrs. A24
took them to his house and handed over 100 gms explosives powder at 14.00 hrs that
explosives powder is M.O.98, it was seized in the seizure mahazar. A23 handed over
100 gms explosives powder from his house M.O.99, then accused were sent for
remand. On 25.08.2012 he had questioned Kumar, Anandaraj, Kathiravan and
recorded their statement. On that day Inspector Ganesan took photos of Nethaji
Subashachandra Bose loading and unloading society board from 100 feet road and
he has also seized another board at Thengathittu near Adhiparasakthi Nagar cement
Godown. Then he had questioned witness Chandran, Kannan and Karunakaran and
recorded their statement. On 26.08.2012 he had questioned Nagaraj, Soundarajan,
Krishnan, Ramakrishnan and recorded their statements. On 27.08.2012 he
questioned
witness
Suryakumar,
Arumugam,
Kirshnamoorthy,
Rajkumar,
59
A22 at old bus stand Puducherry at 5.30 a.m., the arrest card is Ex.P159. A22 was
brought to the police station and he gave a confession at 9.00 a.m., it was recorded
before Dayalan and Managatti. As per the confession he took them to his house and
identified TVS Appachi M.O.27 and it was seized in the seizure mahazar. A22 was
sent for remand. On 06.09.2012 he had questioned the witness who are connected
with the cellphone namely Puniyavathy, Bharathy, Mohamed Ibrahim, Pazhani,
Arputharaj, Kathiresan, Vani, Mulaiventhan and recorded their statement. On
07.09.2012 wrongly identified the vehicle by A6 was handed over to its owner as per
the order of the court. Then he questioned witness Ramesh, Karthik, Vani,
Arumugam, Bharathkumar, Tamil, Murugaiyan, Raja and recorded their statement.
On 08.09.2012 he had questioned witness Murugan, Deepa, Vimal, Anitha,
Jayaseelan, Noor Ahamed and recorded their statement. On 09.09.2012 he
questioned witness Murugan, Ravikumar, Arokiasamy and recorded their statement.
On 10.09.2012 he gave a requisition to RTO to produce the records connected with
Appachi motorcycle that vehicle was seized under Ex.P158. With regard to the other
four vehicles also he gave a requisition to furnish the details of the vehicle, he
received reply on the very same day. He had recorded the statement of RTO. On
11.09.2012 as per the information A16 was arrested at Krishna Nagar Police Booth
at 9.30 a.m., the arrest memo of A16 is Ex.P160. A16 gave a confession before
witness Dayalan and Sivakumar at 10.30 a.m. As per the confession he took them to
Edaiyapalayam Udiyatam and from the bushes he handed over one knife at 15.30 hrs
M.O.100, the seizure mahazar is Ex.P161, he questioned witness Balachandar,
Gowthami, Venkatesh and recorded their statement. On 12.09.2012 he received
information that A21 surrendered before court, he had questioned witness
Arumugam, Balakrishnan, Velmurugan, Anand, Sasikumar, Thomas and recorded
their statements. On 13.09.2012 he gave a requisition to JM-I for police custody of
A21. He had questioned witness Kumaran and recorded his statement. On
14.09.2012 as per the order of JM-1 A21 was given police custody, he voluntarily
gave confession and was recorded at 17.30 hrs before witness Managatti and Gayan.
On 15.09.2012 A21 took them to Cuddalore main road Green Park at 9.15 a.m. And
handed over one knife M.O.28. It was seized in the seizure mahazar, A21 was sent
60
61
62
recorded his statement. From the CFSL Hyderabad he had received a letter
demanding some more model rounds, he sent those items on the next day. On
24.10.2012 he had questioned Dr. Sivasankar and recorded his statement. On
25.10.2012 he had questioned Dr. Annamalai and recorded his statement. On
26.10.2012 he had received the call details and I.D. proof certificate copy of A23
and questioned witness Sunil and recorded his statement. On 27.10.2012 the
cellphone number tower location comparative chart was prepared and sent to court.
On 29.10.2012 he had received the final opinion of injury Nagarajan from Dr.
Aswini and recorded her statement. He questioned VAO Mathidass and recorded his
statements, then he sent a letter asking for final opinion of the injured Senthilkumar
and Rajendiran. The call details and I.D. proof were sent to court i.e. Ex.P169.On
30.10.2012 he had questioned witness Alphonse, Sathishkumar, Murali P.C. 1960
Murali, ASI Govindan, P.C. Srinivasan, P.C. Uthiradan, H.C. Sivaram, P.C.
Balachandar, ASI Seeralan, H.C. Sivaram, P.C. Rajavel, Periyannasamy and
recorded their statements. Then he went to the office of the District Collector and
received sanction for prosecution. The sanction order is Ex.P170. On 01.11.2012 he
had received the damage certificate of the police vehicle. On 02.11.2012 he had
altered the section into section 25(1)(A) and 27(1)(c) of Arms Act 1959 and section
4 of PPDL Act as additional section and sent report to the court, that alteration report
is Ex.P171. On 03.11.2012 he had received a report of witness Kumar from the new
medical hospital, Puducherry. He had questioned witness Rajesh, Balaji
on
63
6.
The accused was examined under section 313 of Cr.P.C. on the incriminating
circumstances against them in the evidence. They denied them as false and had no
defence witnesses to be examined on their side.
7.
8.
ON POINT:
On the prosecution side originally 146 witnesses, but later added 8 witnesses,
totally 154 witnesses. However, the prosecution has chosen to examine only 122
witnesses dispensing the others. They have marked 174 Exhibits and 100 material
objects. No witness was examined on the side of the defence, but 35 exhibits were
marked through the prosecution witness. No material objects was marked on the side
of the defence. One document was marked as court document Ex.C1 by the court
through PW15 during his examination. Out of the 122 witnesses examined by the
prosecution 58 witnesses did not support the case of the prosecution and they were
treated as hostile witnesses by the prosecution.
9.
It is argued on the side of the defence that the motive put forward by the
prosecution is not proved in this case. According to the prosecution A1 and A2 had
prior enmity against deceased Jagan over the collection of Mammul and a past
violent bout during which deceased deterrent convict slayed the right finger of A2
for that proof several witnesses were examined and PW1 alone spoke about the
occurrence. He deposed in his evidence as follows: (12k; njjp Ma;thsh;
vd;id
kPz;Lk;
b$fd;
vd;dplk;
64
tprhhpj;jhh;/
1
kw;Wk;
mt;thW
2
tJ
tprhhpf;Fk;
nghJ
vjphpaplk;
jdf;F
b$fd;
g[fhhpnyh
vd;Dld;
vd;Dila
ngrpaJ
gw;wp
thf;F
Twtpy;iy.).
tPrp
kPJ
tpnuhjk;
xU
bfhiy
bra;jjhy;
cz;L/
enuc&;
nghyPrhUf;Fk;
gl;nly;
mth;
nghd;w
The alleged motive for the prosecution is that the deceased cut off the fingers
of Manikandan (A1) and it is the only cause for this incident. It is admitted fact and
A1 and A2 were also in Yanam Sub Jail and the deceased is at Karaikal Sub Jail.
Even if the enmity is true, it is
have no connection object or enmity to do away the deceased. Further the relations
between the accused is not established apart from A1 and A2. Regarding this
incident it is stated that A3 to A27 assisting in the crime. It is surprising to note
without any motive why should they assemble and attack Jagan and other police
officials. In law there is no motive is necessary for any crime. But even a particular
motive is put forward by the prosecution, it is for them to prove that motive. In this
regard, AIR 1972 S.C. 656 RamGopal Vs. State of Maharashtra is pressed into
service. As per the decision once the prosecution has ascribed motive, burden lies
upon it to prove the same by leading acceptable evidence. It is not necessary for the
prosecution to prove the motive of the crime, but once the prosecution propounded a
motive in their prosecution story the adequacy of the motive is to be examined by
65
the courts. So in this case motive put forward by the prosecution is not clearly
proved.
11.
The prosecution case is that A1 and A2 abetted the other accused to cause the
incident and it is quite unnatural to expect the other accused A3 to A27 had
knowledge about the movement of Jagan @ Jaganathan. Since A1 and A2 are in
Yanam and Jagan @ Jaganathan was at Karaikal Jail. There is no evidence regarding
the abetment. A3 to A27 how they knew that the deceased Jagan would be brought
to Puducherry on that day, the police given requisition for police custody, which was
refused, it is highly improbable that the accused assemble at the scene of occurrence
and caused the above act. After the dismissal of the police custody petition, the
deceased was to be taken to Karaikal, the above fact were not possible to be known
to the accused, So it is highly impossible for the accused to assemble in short time.
In fact all the accused belong to different place and to meet them and gather them
with weapons is not possible at all.
12.
It is true that Jagan was murdered and the police people were injured, but who
is the real culprit is not clear, because Jagan had enmity with so many persons at
Puducherry. The police were unable to locate those persons, since this case being a
sensational one they have roped in these accused who were familiar with the police,
so it is foisted case on these accused, but have no motive at all to cause such
incident.
13.
66
It is argued on the side of the defence that the place of occurrence is also not
clearly proved in this case. According, to the prosecution the incident took place
near Chunnambar Bridge, but PW1 deposed in his evidence as follow:
Rz;zhk;ghW
ghyj;jpw;Fk;
mLj;j
ghyj;jpw;Fk;
,ilna
14.
67
It is argued on the side of the defence that the conspiracy theory and enmity
of the deceased Jagan is highly artificial, The belated statement of PW1 regarding
the apprehension of Jagan lacked credibility. If really the accused Manikandan had
enmity with Jagan he would not turn hostile in the previous case against Jagan, it is
evident from the evidence of PW88/Radjakumar. The said witness PW88 was
examined to speak about the enmity between Manikandan with the deceased Jagan.
The accused Manikandan did not give any complaint for the assault against Jagan in
the Jail and further he did not depose in the court that he was assaulted by Jagan.
This fact was admitted by PW88, Further the witness PW44 and PW45 also did not
support the case of prosecution. Further PW91 the Assistant Superintendent of
Central Jail, Kalapet Mr. Kabilan also did not support the case of prosecution and
turned hostile. PW9/Ganesh Inspector of Police did not give any evidence for the
enmity between the accused Karuna with the deceased. Mere rejection to give parole
to accused Karuna cannot be construed any enmity with the deceased Jagan. The
prosecution has examined PW31 and PW38 and PW39 to narrate the enmity
between the accused Karuna and deceased Jagan. But all of them turned hostile.
None of the witness either spoke about the conspiracy or enmity that the accused had
with deceased Jagan. Mere assembling of persons will not amount to conspiracy.
The object of conspiracy must be known and accepted by everybody joining in
agreement to commit conspiracy is essential. The very assumption that there existed
criminal conspiracy was fallacious. Prosecution failed to make good criminal
conspiracy, so this aspect is also not proved by prosecution.
15.
68
It is argued on the side of the defence that there are two FIR's. In Judicial
enquiry, PW121 JM-II in his cross examination deposed that after his enquiry
there were two FIR's submitted by the police authorities with different handwriting,
but same crime number. He admitted that the handwriting in two FIR are different,
further he deposed as follows: (vd; mwpf;ifapy; gf;fk; 3y; fz;l
FIR
gf;fk;
103
FIR
fz;Ls;s
k;
,t;tHf;F
tptu';fs;
,Ue;jJ/
itj;J
3tJ
vGjpath;
gf;fj;jpy;
vd;dplk;
ifbaGj;J
FIR
cs;s
bfhLj;J
ehd;
tpj;jpahrkhf
rk;gt
mjpy;
,lj;jpy;
ifbaGj;J
Mfpnahh;
vd;why;
brhd;djhf
rhpjhd;/
gf;fk;
brhy;ygLk;
103y;
Fwpg;g[fs;
fz;Ls;s
FIR
y;
16.
It is settled law that the FIR and other official investigating documents if
taken outside, the possibility of fabrication of fact in the FIR is apparent. Therefore,
the case of the defence that there was fabrication of documents especially the details
69
in the FIR after the discussion with higher officials had taken place and the real facts
and the figures were suppressed. The reason why the FIR was fabricated after
discussion and deliberation of Higher officials. So in this case there is two FIR's with
contradictory details are proved by the defence.
17.
It is further stated that the very complaint and FIR created many suspicion. It
is alleged P.C. 1833 wrote Ex.P1 in the presence of Sub Inspector Lenin Bharathy on
the dictation of PW1/Senthilkumar. PW1 who is certified to be in a fit condition has
to explain why he has not written the complaint. There is no whisper of Lenin
Bharathy in Ex.P1. Original GD would reveal that P.C. 1833 was on duty as Sentry
in Thavalakuppam Police Station at the alleged time of writing the complaint at G.H.
Puducherry, this is evident in Orleanpet G.D. Dated 10.08.2012 Head Constable
1657 records that he received a message from HC 1523 Sivakumar of
Thavalakuppam P.S. That Jagan involved in Cr. No.:218/2012 while he was escorted
to Karaikal near Thavalakuppam bridge some unknown persons have thrown bombs
on the escort vehicle, police party have all got injured and that in the bomb
explosion Jagan died and injured persons have been taken to hospital. It is stated that
some message might have been given by HC Sivakumar of thavalakuppam Police
and this fact must have been entered in Thavalakuppam G.D. So the Inspector claim
that he received the message when he was in bandobus duty in temple festival is
false. P.C. 1843 gone to G.H. Along with Lenin Bharathy is another utter false, since
in the original G.D. all these facts might not have taken place because of all these the
original G.D. is missing. The Investigating Officer claims that he has gone to the
70
scene of occurrence at 5.15 p.m. on 10.08.2012. The Investigating Officer has met
all the injured persons and on hearing the news on 11.08.2012 which fact seems true
as JM received the FIR at 3.00 a.m. On 11.08.2012, the content of Ex.P1 is all the
making of the Investigating Officer. There seems to be another FIR, since
Investigating Officer stated that the express FIR has been acknowledged and the
acknowledgement has been brought by P.C. Murugan at 9.00 p.m. on 10.08.2012.
That FIR has been suppressed and new FIR with the name of the accused has been
planted by Investigating Officer. The first FIR should read as attacked by unknown
persons. The registration of the FIR should have been immediately after message by
HC Sivaraman. No credence can be given to the second FIR which is false creation
by the Investigating Officer. The Investigating Officer has named history sheeters as
accused and it is shocking and surprising that A1 and A2 who were undergoing life
imprisonment in Yanam Jail has been entered as accused without examining any
witness. How can A1 and A2 should be shown as abettors in the FIR. The FIR sets
criminal law in motion and no witness can be examined before the registration of the
FIR.
18.
It is argued that police who travelled in the police vehicle had blood on their
dress, but no blood stain on the dress of any of the accused. It is argued there was
traffic jam after the alleged incident, police have to explain now Innova Car PY-01AC-4466 moved out of the traffic jam. PW1/Senthilkumar says he has seen
Iyyappan, Suthi Manikandan, Sathish @ Ravi, Arun @ Anbuazhagan, Sundar,
Anandan, Dhandapani. PW3 says he saw Raja, Mathiyas, Johnpaul, Susairaj, Suthi
71
72
19.
It is stated on the side of defence that there were several enemy to the
deceased Jagan and he is a Notorious criminal and further there was enmity between
the police department and the deceased Jagan. So the cause of death is not one as put
forward by the prosecution. But it may be due to some other enemies also. In this
connection PW1 admits as follows: (fhty; epiyaj;jpy; cs;ns te;J
btoFz;L
tPrp
kPJ
tpnuhjk;
xU
bfhiy
bra;jjhy;
cz;L/
nghyPrhUf;Fk;
enuc&;
gl;nly;
mth;
nghd;w
20.
The defence case is strengthened by the evidence of the father of the deceased
PW15. The evidence of PW15 as in Ex.C1 and Ex.D21 to Ex.D23 falsify the very
crust of the prosecution story by deposing that the suspicion for the death of his son
is against the police department of Puducherry. The deposition of PW15 is as
follows: (me;j
kfdpd;
mjdhy;
kDtpy;.
bfhiyapy;
CBI
nghyP!;
rk;ge;jk;
tprhuiz
cah;
mjpfhhpfs;
cs;sjhf
elj;j
vd;
fUJfpnwd;/
ntz;Lk;
vd;W
tprhhpj;j
nghJ
kzpfz;lDk;/
73
mk;kh
mGfpwhh;fs;
vd
brhy;ypa[s;shh;/
mjw;F
bgha;
tpLth';f
bfhLj;J
tHf;F
vd;Wk;.
cjtp
PW15/Radhakrishnan
nghlnghwh';f
brhd;djhft[k;
bjhpe;jpUf;F
vd
nghl;L
,jw;F
gz;whU
deposed
vd
as
,Uf;F
enuc&;
vd
follows:
ghh;k;
fhR
cs;sJ/ Further
nghl;LLth';f.
vy;yhk;
thahy;
Rl;L
jhd;
ngl;il
mth;fSf;F
mth;
gl;nly;
re;njfkhf
Kjypahh;
mtnu
vd;id
fndc&;
SI
Kd;Tl;ona
brhd;dhh;/ So it is
proved that the real motive behind this instant case is that the police authority
connived with the enemies of the deceased to whom the deceased posted imminent
threat, more apparently the Naresh Patel, could have staged this occurrence and
painted as a Gorilla attack of all the accused manipulating the past friction between
them. The evidence of PW15 substantiates and proves the motive of the police
authority against the deceased in the instant case.
21.
It is argued on the side o the defence, the statement of the evidence of PW1 to
PW5 is contradictory and unlawful and they are self contradictory also. PW1
deposed in his cross examination as follow; (jhrpy;jhh; Kd; bfhLj;j
thf;FK:yk;
MFk;/
23/09/2012
EX.D.13y;
md;W
bfhLj;njd;/
vjphpfspd;
bgah;
mJ
EX.D.13
vJt[k;
74
jhrpy;jhh;
ehd;
jhrpy;jhh;
tprhuizapd;
nghJ
vjphpfspd;
miu
kaf;fk;
Vw;gl;lJ/
g[Jit
GH-y;
cs;s
bfhz;oUe;jnghJ
fhak;
Vw;gl;lJ
vd;Dila
fz;zpy;
Kjy;
gl;lJ
Fz;L
vd;W
lhf;lhplk;
A6
tprhuizapy;
vd;W
tPrg;gl;L
jtwhf
fz;zpy;
brhd;ndd;/
tPrpa
Fz;L
brhd;ndd;/
vd;
23/09/2012
thf;FK:yk;
thf;FK:yj;jpy;
bgah;fis
follows:
bfhLj;J
jhrpy;jhhplk;
jw;nghJ
brhd;d
ehd;
vjphpfspd;
jhrpy;jhh;
ifbaGj;J
ifbaGj;jpl;nld;/
gjpt[
vd;DilaJ
ehd;
bra;j
jhd;
bfhLj;j
thf;FK:yj;jpy;
cs;s
EX.D.16
MFk;/
mJ
thf;FK:yj;jpy;
Twg;gl;l
thpfs;
EX.D.17
jhd;
75
cs;sJ/
v';fs;
midtUf;Fk;
fz;
brhy;ypa[s;nsd;/
mtiu
fhiuf;fhy;
b$apy;
tplr;brhy;Yk;
nghJ
Escord Van
egh;fshy;
mjdhy;
b$fd;
vd;w
kPJ
Fw;wthsp
btoFz;L
tPrg;gl;L
bfhy;yg;gl;L
mjd;
mUs;
bfhLj;jhh;/
vd;gth;
mij
ghJfhg;gpy;
itf;Fk;go PC
vd;W
vGjg;gl;Ls;sJ
xg;gilf;fg;gl;lJ
rhpjhd;/
1769
trk;
vd;why;
tprhuizapy;
ehd;
ahUila
bgaiua[k;;
Fwpj;J
76
by the injured witness had not enclosed any name of the accused. But now the
witnesses are giving some of the names of the accused before court, so the evidence
of injured witness PW1 to PW5 are self contradictory in nature.
22.
one.
PW1
in
rpfpr;irapy;
rk;gtk;
chief
examination
,Ue;jnghJ
gw;wp
,Ue;jnghJ
kPz;Lk;
rhl;rp
kPz;Lk;
gp/rp/1833
as
follows:
vd;id
g[fhiu
vGjpajhft[k;
rpfpr;irapy;
tprhhpj;jhh;/
kDjhf
ehd;
Ma;thshplk;
bfhLj;njd;
Ma;thsh;
g[fhiu
deposed
jtsFg;gk;
thf;FK:yk;
tl;l
jhd;
brhy;fpwhh;/
mij
his
rhl;rp
vGjpbfhLj;jjhf
jhd;
brhd;djhft[k;
mjpy;
jd;Dila
bry;nghd;
jfty;
cah;
rk;gtk;
bjhptpj;njd;/
ele;jt[ld;
ehd;
K:yk;
mjpfhhpfs;
bfhLj;j
v!;/gp/
ehh;jJ
; f;F
clnd
Kjy;
jfty;
te;jdh;/
v!;/gp/
brhd;ndd;/
brhd;ndd;/
mthplKk;
K:d;whtjhf
rk;gtk;
lhf;lhplk;
jfty;
gw;wp
jfty;
brhd;ndd;
77
23.
With regard to the complaint PW2 deposed in his cross examination as:
(ele;j
rk;gtk;
epiyaj;jpy;
brhd;ndd;.
gw;wp
,Ue;j
ehd;
cjtp
mt;thW
ehd;
Kjd;
Kjypy;
Ma;thsh;
brhy;Yk;
mhpah';Fg;gk;
GH-y;
ghg[$paplk;
nghJ
,ut[
fhty;
itj;J
kzpapUf;Fk;/
PW3 in his cross
Kjypy;
Ghf;F
brd;nwd;/
ehd;
GH
brd;wt[ld;
bjhpe;j
eguhy;
jhf;fg;gl;nldh>
my;yJ
24.
rk;gtk;
mtuJ
nfl;L
cUisd;ngl;il
tz;oapy;
vd;ida[k;
Ma;thsh;
uFehafk;
bre;jpy;Fkhiua[k;
oiuth;
jtsf;Fg;gk;
ele;jJk; PC
rk;gt
fhty;
epiyak;
,lj;jpw;F
te;jhh;/
cs;sJ/
rk;gt
rk;gtk;
,lj;jpw;F
jiyik
fhtyh;fs;
78
kw;Wk;
nghyP!;
mjpfhhpfs;
te;jdh;
fhty;
epiyaj;jpw;F
jfty;
bfhLj;jdh;/
eh';fs;
Entry
y;
fhty;
milahsk;
epiyaj;jpw;F
bjhpahj
jfty;
egh;fshy;
bfhLj;jhh;/
fhak;
mjpy;
Vw;gl;ljhf
brhy;yg;gl;lJ/
25.
Ex.P1
does
not
bear
the
conscious
endorsement
made
by
Dr.
Annamalai/pw98 either in the beginning or in the end of the report. On the other
hand, a separate certificate was obtained on a later date which would be evident in
Ex.P97. Further the person who wrote Ex.P1 namely P.C. 1833 was not examined.
None of the witnesses PW2 to PW5 even informed the Investigating Officer that
they told some of the name of the accused seen in the occurrence to PW1 in their
161 statement recorded by the Investigating Officer, so there is no possibility to
impose confidence on Ex.P1.
26.
FIR is not an encyclopedia, but FIR should be free from all fabrication and
should be doubtless. In the present case, FIR was registered with the 21 names with
detailed modus operandi. However, the presence of other documents regarding the
79
27.
With regard to the medical evidence, the medical evidence improbablise the
story that the wound was sustained by explosion. But the evidence clearly stated that
the injury sustained by PW1 to PW5 is not directly connected with explosion.
Further the cause of death of deceased was due to the injuries in head. He sustained
several head injuries, due to multiple cuts. So the medical evidence is also not
supporting the prosecution case.
80
28.
It is stated on the side of the defence that there is delay in despatching the
FIR. The FIR was registered at 18.30 hrs after receiving the complaint Ex.P1 that
was dictated by Lenin Bharathi/PW120 and written down by Ganapathy and
subsequently that was acknowledged by Lenin Bharthi at around 21.00 hrs and it
was sent to Judicial Magistrate only around 3.00 a.m. It is the duty of prosecution to
explain the delay in sending the FIR, failing which it will be fatal to the prosecution.
The delay when left unexplained, it opens a fact that there has been a suppression
and prevarication of real facts in FIR. In the present case the FIR sent to Judicial
Magistrate after 8 hrs delay. Such long gap is not explained by prosecution. So when
the delay is unexplained, the accused is entitled to benefit of doubt.
29.
It is argued on the side of the defence that the Investigation in this case is
81
taken in Grill Guarded vehicle only and why he was taken in an ordinary force van
was also not explained. The deceased a terrorist criminal should have been taken
with handscuffs and such handcuffs went missing in the present case. In his cross
examination of Investigating Officer, it is proved that four riffles were said to have
been provided to them, but the arms register shows that only two riffles were given.
One the SLR was not examined at all. Investigating agency engaged sniffer dogs
and finger print experts but the documentary evidence of the same was not produced.
The parts of the exploded vehicles was not sent to Forensic examination, as per the
Rules under Explosive Substances Act. The Investigating Officer deposed that there
is no use of guns by the accused. The scribber Ganapathy who wrote the FIR under
the dictation of PW120 was also not examined. The statement of officers
Ragunayagam, Ganapathy and Babuji were suppressed. The reason as to what
prevented PW1 to PW5 from disclosing the name of accused to Thalsildar was not
explained. The object that were seized from the place of occurrence is not sealed and
packed that opens doubt on the recovery of material object. All the material objects
are sent to court at an inordinate delay. The entry and exit of the assailant into the
vehicle M.O.1 was not described or even been suggested. Non examination of the
owner of M.O.2. Innova car is also fatal. The police have not investigated the case
properly. The deceased Jagan was having a number of enemies in and around
Pondicherry, this fact was admitted by PW1 in cross examination. (b$fDf;F
epiwa tpnuhjpfs; ,Ue;jdh; vd;Wk; mtiu ghJfhg;ghf
miHj;Jr;
bry;y
ntz;Lk;
vd;Wk;
vdf;F
bjhpa[k;
82
tPrp
bfhiy
epiyaj;Jf;F
bra;jjhy;
cs;ns
te;J
nghyPrhUf;Fk;
mth;
kPJ tpnuhjk; cz;L. It is important to note that an RDO enquiry was also
conducted for any foul play by the police. PW1 also admits : rk;gtj;Jf;F
fhuzk; nghyPrpd; `gt[y; gpns ,Uf;Fk; vd tprhhpj;jdh;/
PW122 admits 08-08-2012 e;J 10-08-2012 ele;j rk;gtk; gw;wp
ehd; g[yd; tprhuiz bra;atpy;iy/ There is no written order for
PW1 to make formal arrest of Jagan at Kalapet Jail in Cr. No.:218/2012 of Orleanpet
Police Station. The urgency in bringing Jagan to Pondicherry itself is mysterious. A
PT warrant in court could not be obtained without arresting the accused who was in
Karaikal Jail. The arrest of accused Jagan at Karaikal and subsequently obtaining a
P.T. warrant on the same day is doubtful. It could be possible only with the
connivance of the Jail authorities at Karaikal. PW121/Judicial Magistrate also admits
that it is not possible to get a PT warrant for an accused who was arrested at Karaikal
Jail on the same day. PW1 says that he sent PW2 with the arrest card from Karaikal
to Pondicherry to file a petition for getting a PT warrant for the accused Jagan, but
PW2 never whispered that he came to Pondicherry with the arrest card of Jagan and
filed a petition seeking a PT warrant. Further, PW2 did not file the petition seeking
the PT warrant. The arrest card was not filed or enclosed along with the petition
seeking the PT warrant for the accused Jagan. The arrest memo of Jagan which was
marked as Ex.D2 does not bear any seal from Karaikal Jail authorities. When JM
83
refused to give police custody for Jagan and sent him for Judicial custody, he was
hurriedly taken to Karaikal jail on 10.08.2012 itself. The Judicial Magistrate did not
direct the police to take Jagan to Karaikal on the same day. He was in the central jail
Pondicherry in the previous day. Before Jagan was taken to Karaikal, he was lodged
at Orleanpet Police Station for the best reasons known to the police. Jagan had
consumed alcohol in the police station as this fact was revealed in the postmortem
report. Further this fact was not informed by PW1 to PW5 to the investigating
officer, who admits that this fact was burked to him by PW1 to PW5. The terror
accused who had serious apprehensions which was also known to the Police was
allowed to travel in a ordinary Tempo Traveller van, when guard grilled security
prison van are available in the police department. Prison van with guard grilled
facility should be used for transmitting terror accused. This was not deliberately
carried out in this case. The escort police officer did not check the weapon before
taking the same from the police station. PW1 and PW4 have stated that the pistol
and SLR were struck down at the time of incident. Contrary to the above said fact
Ex.P173 and Ex.P174 would reveal that both pistol and SLR were examined and
were test fired and were found to be in order by the ballistics expert. While escorting
high security risk prisoners, automatic weapons should be carried, further two
vehicles should be followed for long journeys. This was also not followed by the
escort police. Wireless set should be provided and additional squad should be
provided in a separate vehicle in case journey is long. They should inform the
intermediate
police
Fw;wthspfis
station
about
bfhz;L
their
travel.
bry;tjhy;
PW3
tHpapy;
admits
cs;s
ga';fu
fhty;
84
epiyaj;jpy;
bjhptpf;fntz;Lk;/
This
deliberate
omission
was
condemned by the RDO in his report. The escort police should lock the doors inside
so that no outsiders could open the door. There were two doors for the escort vehicle
one on the right side for the drivers entrance and other on the left side for the
passengers to enter into the vehicle. It is for the prosecution to explain as to why the
left side door unlocked at the time of occurrence and the glasses on the window of
the left and right door were intact. The police forces are governed by acts and rules
which provides several penalties in case of dereliction of duty. Admittedly the escort
police have not followed the instruction found in the police standing order. They
deliberately committed some vital omissions. Further even though PW1 and PW4
fired 10 rounds of bullet through pistol and SLR, they have not achieved the target.
PW1 was not in the uniform while he was escorting high security prisoner Jagan.
PW3 did not open his pistol even when the accused were within five feet range
inside the vehicle. PW1 and PW3 did not verify the working condition of the pistol
and the SLR. PW4 did not take care to attach the knife in the barrel of the SLR,
which would be useful at the time of emergency. PW1 to PW5 were admittedly
failed in the escort duty for which also they have not been given a charge memo or
were asked for any explanation. Inspite of all these omissions and commissions, no
charge memo or any action is even taken against PW1 to PW5. This creates strong
suspicion over the role of the police in the alleged incident. On the other hand they
have been rewarded such as promotions even before the disposal of this case. PW1
admits
as
follows:
epge;jida[k;
ehd;
(standing
order
gpd;
gw;whky;
y;
brhy;yg;gl;l
Terror Accused
ve;j
b$fid
85
eh';fs;
bfhz;L
brd;Ws;nshk;
vd;W
brhy;ypa[s;shh;/
Therefore, the contentions of the accused is that the police invented a story solely
with a view to screen the police official and protect the real accused who have killed
Jagan and foisted this case on the accused. PW1 admits (vjphpfs; fhty;
Jiwf;F
,il";ryhf
,Uf;fpwhh;fs;
vd;why;
mt;thW
Tl ,Uf;fyhk;/ the police have every reason to foist the case on the accused.
It is further strengthened by the evidence of PW15, he says (nghyP!; cah;
mjpfhhpfs;
fUJfpnwd;
vd;
kfdpd;
mjdhy;
bfhiyapy;
rp/gp/I/
rk;ke;jk;
tprhuiz
cs;sjhf
elj;JkhW
30.
86
by any one of the accused, there is no evidence that the accused had only used the
cellphone on the relevant period. Ex.P92 to Ex.P94 and Ex.P113 are of no use as
there is no evidence of any accused used any particular cellphone. No cellphone or
sim cards were produced before this court, so that suspicion is also not proved by
prosecution.
31.
With regard to the arrest, confession and recovery, most of the accused were
taken to police custody from the court and confession were recorded in the police
station. All the confessions are computerized stereo type versions. The seizure is
unbelievable, because the seizure is made long time after obtaining confession. The
place of seizure is freely accessible by general public and it is in open place. No keys
of the car and the motorcycle were seized from the accused. No clerk or contractor
of the railway parking place have been examined. No bomb squad were used to seize
the unused country made bomb. PW27 and PW28 are the two independent
confession witness for the accused Chandru @ Chandru Prasanna and accused
Gnanavel. They did not support the prosecution case. A4, A18, A12, A25 were
arrested at Lucky bar while they were consuming alcohol. They were taken to the
police station and confession were recorded only in the police station. If they were
under the influence of alcohol, the alleged confession statement cannot be accepted
in the eye of law as it was not free and voluntary. They were not taken to any doctor
to certify that they were not under the influence of alcohol. So Ex.P11, Ex.P12 and
Ex.P13 were inadmissible and no reliance can be placed upon them. The recovery of
the abandon car M.O.3 and M.O.4.was in the open yard , unprotected, uncared
87
exposed to sun and rain in the open road with all doors opened. The recovery in an
open place where everyone had access to that place makes the recovery unacceptable
under law. Seizure of the car was not informed to Kandamagalam Police which is
situated nearby. Confession of A3 and A8 were recorded in the morning of
16.08.2012 and the recovery is made on 17.08.2012, so also the confession of A6
and A14. The railway station parking receipt book was not seized to connect the
motorcycle with the accused. PW33 could not give any evidence regarding the
parking yard from where the motorcycles were seized. The confession of A10 and
A5 were recorded on 18.08.2012, recoveries made on 19.08.2012. No bomb squad
were taken to seize the bomb and the residue of the bomb. All the recoveries of
weapons were made in the open place. Confession of A21 was recorded on
14.09.2012 and recovery made on 15.09.2012. The recovery place is only kms
from the police station. Confession of A13, A16, A15, A9 and A20 were recorded
on 21.08.2012 and recoveries made on 22.08.2012 from a place which can be
reached within 10 minutes from the police station. A22 was arrested in the old bus
stand on 05.09.2012, confession was recorded at 9.00 a.m. on 05.09.2012 in the
police station, but the attesting witness in the confession PW34 says that he was
asked to come to the police station on 04.09.2012 itself for the purpose of attesting
confession. It is nothing but the cart before the horse. The confession of A19, A24,
A23 were recorded on 24.08.2012. PW36 says that on 23.08.2012 itself he was told
about the recovery of explosive substance even before recording the confession
statement. A17 was arrested on 11.09.2012 at 10.30 a.m., but PW89 was asked by
Thalsildar to go to the police station to attest the confession at 9.00 a.m. itself. PW89
88
went to the police station at 9.15 a.m. even before the arrest of accused. Further he
admits that the recovery are in open place. PW36 VAO went to the police station on
23.08.2012 for signing the confession, but he was informed by Thalsildar on
22.08.2012 itself. PW35 VAO went on 21.08.2012 at 5.00 p.m. for signing the
confession, but he was informed about signing confession and mahazar outside his
jurisdiction even before he went to the police station. The recovery from A1 in Jail
was not supported by the Assistant Superindentent Central Prison, Kalapet.
Recoveries were made from the female ward of the prison. So the confession
statement of all the accused and recoveries in pursuance of confession are all
fabricated. It is most unsafe to base conviction on the confessions and recoveries.
32.
The weapons were not sealed and packed at the place of recovery. As per
2002 (2) S.C. Criminal 119: Weapon when produced were not sealed, on them the
name of the accused, case number, name of the deceased were not mentioned is fatal
to the prosecution case. As per 1994 SCC crime 1202: Non sealing of seized articles
CAST serious doubt on prosecution. In the present case also, seized objects were not
packed and sealed. So the recovery is not proved by the prosecution beyond
reasonable doubt.
33.
As per the forensic report is concerned PW111 examined the skin bits of the
deceased Jagan, two brown beaded chains with rudraksham of the deceased Jagan, a
pair of fancy metal studs with a white stone of deceased Jagan, shirt and pant of
PW1. None of the above items detect any explosive or explosion residues. The 9 mm
89
pistol and 7.62 mm SLR which were stated as such they got struck up while firing by
PW1 and PW4. They were sent to CFSL and found them alright which is contra to
the statement of PW1 to PW5. There is no firearm residues in the glass pieces taken
from the front glass of the force van. It is also opined that one among the 9 mm fired
empty cartridge case had not been fired through the 9 mm caliber pistol used by
PW1. Further it is opined that there is no linkage between 7.62 mm fired empty
cartridge case with respect to 7.62 caliber SLR rifle being used. It is also opined that
there is no bullet hole on the top/roof inside and outside the force van vehicle. On
chemical examination there is no explosion residues were detected on the dents
found inside and outside the force van vehicle. As per PW112, only blood was
deducted in the M.O.3 and M.O.4. and she is unable to confirm that it belongs to
human. During cross examination of PW112 she admits that the blood may be origin
from animals also. As per CDJ 2010 DHC 1087: Blood on the weapon was not
found to be of human origin, which rules out the possibility of its having been used
for committing murder of the deceased the impugned judgment and order on
sentence are set aside and both the appellants are hereby acquitted. So based on the
findings of the CFSL examiners, it is evident that the alleged weapon which was said
to be used to kill the deceased Jagan had no link with the deceased. So the scientific
evidence is also not supporting the prosecution case.
34. It is argued on the side of the defence that the manner of incident is also
suspicious and it is not proved. PW1 and PW3 took special training at Thrichur and
Pondy about the guns. These persons used the guns at the time of incident. The
90
accused were very near to the van. If really they have used the gun someone could
have sustained injuries, surprisingly it is unbelievable that no accused were injured
due to gun shots, this shows the falsity of the case. Further it is the case of
prosecution that A3 and A4 entered the van cut Jagan with knife and caused his
death. The seating arrangement in the van is such that one can enter the van unless
the front seat is folded. Further there is inside lock in the van. Then how the two
accused entered into the van is highly doubtful. Innova car stands in the name of one
Chandrasekaran, but how it came to the scene of occurrence is not explained. PW86
deposed in his evidence as follows: (ehd; fil bjhHpy; bra;fpnwd;/
PY 01 AC 4466 ,Ue;jJ/ me;j
Mechanic
Mdjhy;.
tz;oia
js;sp
if
tu
bfhz;L
Mechanic
brhy;yp
brd;nwhk;.
k;
mg;nghJ
mg;nghJ
vd;dplk;
Mtzk;
,y;yhjjhy;.
tPlo
; w;F brd;W Mtzk; vLj;J bfhz;L fhty; epiyak;
brd;nwd;/ ,uz;L ehl;fs; fHpj;J tUkhW brhd;dhh;fs;.
gpd;dh;
mth;fs;
,e;j
tz;o
b$fd;
bfhiy
tHf;fpy;
ele;jJ/
35.
91
Whether the charge u/s 109 IPC is proved is the next point to be decided in
36.
stated the presence of a mob of unlawful assembly armed with deadly weapons lying
in wait in or near the scene of occurrence or a little before the time of occurrence on
that day. PW6 and PW7, the driver and conductor of the PRTC bus turned hostile.
The other occurrence witnesses PW12, PW14, PW21, PW22, PW24 and PW25 also
did not support the prosecution case. So the unlawful assembly armed with weapon
and wrongly restrained is not proved in this case.
37.
92
With regard to the offence u/s 25(1)(AAA) and 27(1) of Arms Act and
section 4 of the Prevention of Damage of Public Property Act, 1984. No one from
the locality attested the property search mahazar of all the material objects, this
creates a genuine doubt about the recovery proceedings. None of the knives seized
or recovered were subject to finger print analysis. M.O.3 and M.O.4. was not sent
for finger print study. None of the occurrence witnesses, except PW1 to PW5 have
spoken about the occurrence holding long knife to attract the provisions of the Arms
Act. The 4 country bombs that were recovered and test fired in this case long after
the occurrence is again to make believe a theory of the police genuine. The
Investigating Officer admits in the cross examination that he has not conducted any
search in the houses of the accused to find out the presence of any long knives or
country made bombs. He also admits that no weapon or bomb were seized for any
other accused at the time of their arrest.
38.
There is no material on record to show that the police escort van, allegedly
damaged in the occurrence is public property. The R.C., Insurance, B register extract
from the RTO office, trip sheet, log book of the vehicle is not filed by the
prosecution to prove that the force vehicle belonged to the government. There is no
material on record to speak about the extent of damage quantifying the same in
terms of money. The damage certificate is not filed. Ex.P100 marked through
PW104, Sigma Security ASI, is only a letter addressed to the S.P. The inspection
report allegedly prepared by him detailing the damages has not come to court and
consequently not marked as document. Ex.P173, Ex.P174, CFSL report
93
states that there is no evidence of the fire arms fired from inside the vehicle and also
there is no firing discharge residue in the dent marks of the police vehicle M.O.1.
The damaged vehicle was inspected by local Bomb detection and disposal squad,
sigma security nearly a month after the date of occurrence. No RTA case has been
filed by the police about the involvement of the motor vehicle at scene of
occurrence. So there is very possibility to believe that the alleged damage to the
vehicle has been done at a later point of time to make a serious view of the
occurrence. So the evidence u/s 4 of Prevention of Damage to Public Property Act is
not proved clearly.
39.
The offence u/s 332, 333 are also found in this case, according to the
prosecution PW1 to PW5 are on escort duty on the alleged date of occurrence. PW1
was not found in uniform is also proved. So as per 1998 L.W. Criminal 16 (section
332 ): discharge of duty as public servant, absence of proof as to failure to produce
entry in duty register for sending the Police Officer for duty Offence held not made
out. In the present case also no proper record was filed before court to show that
PW1 to PW5 are on escort duty on the alleged date of occurrence, so the offence u/s
332, 333 IPC is also not proved in this case.
40.
It is argued on the side of defence that the prosecution have covered up the
encounter death done by the police. The custody petition filed by the police was
dismissed by JM-II, Puducherry which implies that the accused should not be taken
to Orleanpet Police station for any reason. But the police have taken Jagan to
Orleanpet Police Station which was admitted by the prosecution witness and
94
Investigating Officer. The police including the Investigating Officer very much
silent about the presence of alcohol in the stomach of the deceased, which is
indicated in the vicera report. The prosecution has supported the act of the police
who took the deceased Jagan by reasoning that the deceased Jagan was taken to
Orleanpet Police Station for having food and natural calls. It is argued by the learned
Public Prosecutor that the amount of alcohol which is found in the stomach of the
deceased is normal one and it will be found in all human beings. But this opinion is
not at all found in other postmortem certificates. But as per the prison rules food
should be provided at 11.00 hrs. If really that is the reason, the food may be provided
in the court itself as a separate place is allotted for the accused to have food and
natural calls. There is no specific order on record to prove that JM had specifically
ordered PW1 to hand over the deceased Jagan at Karaikal Jail on the same day.
Because he has already permitted him to stay in Puducherry Central Jail till
22.08.2012. As per the prosecution theory, the police van has started from the police
station at about 3.45 p.m. As per the Pondicherry Prison rules the accused cannot be
permitted into the Jail after sunset which is around 6.00 p.m. Approximate travelling
time from Pondicherry to Karaikal will be more than four hours. Even knowing the
above facts, the police personnel with the life convict making this transit in an
unsafe and unauthorised van to fulfill their execution. This was not enquired by the
Investigating Officer, creates much doubt on the police. It is known fact that
without PT warrant no accused will be permitted inside jail. But in this case, there is
no PT warrant was recovered in the seizure mahazar. This directly implies that the
police have taken deceased Jagan without any PT warrant, which is illegal transit.
95
The police with pre knowledge that the deceased Jagan anyhow not going to reach
Karaikal Jail made this illegal transit. Knowingly the Investigating Officer has
skipped up the issue and least bothered about the illegal transit. This may be due to
the reason that the deceased Jagan had blast inside the Mudaliarpet Police Station
when the current Inspector was working as Sub Inspector of Police, Mudaliarpet
Police Station. This was confirmed by PW1 in his cross examination. M.O.1. Force
van PY-01-G-9961 was already permitted to one Mr. Djeagaradjane, Sub Inspector
of Police to proceed with his team for investigation purpose from 04.08.2012 to
14.08.2012. But no permission was sought to take the deceased Jagan in such
unguarded vehicle as the vehicle is used only for crime investigation purpose. When
the defendant counsel had a petition u/s 91 of Cr.P.C. requesting to produce the G.D.
of Orleanpet Police station and the petition was allowed, but it was not filed before
court. The vital document which can speak about the incident is the G.D. of
Thavalakuppam Police Station. The prosecution deliberately suppressed the original
G.D. and claimed that the same was missing from the police station. As per CDJ
1981 247: The Original FIR was suppressed by the police and substituted by
another, failure to produce the G.D. Entry at the police station will raise an inference
that the FIR has been suppressed. All these create serious reasonable doubt on the
act of the police and the Investigating Officer who deliberately suppressed essential
facts and evidence related to the actual happening of this offence. If the suspressed
materials were produced before the court of law it may enligthen the true story of the
offence. This was appropriately identified by the Judicial Officer who conducted
enquiry regarding the foul play on the part of the police and deposed before court
96
that if he verified all the documents in connection with this case, he would have
reversed his current opinion which directly implies that the foul play was hidden by
the Investigating Officer by non-submitting all the documents to the Judicial Officer.
41.
As per the prosecution the accused Susairaj, Sathish @ Ravi, Karupu Alex sustained
injury in the occurrence, their wound certificate are marked as Ex.P73, Ex.P76 and Ex.P79.
They were examined by PW92 and PW93. PW92 accepts that he has not mentioned : as to
how the injuries were sustained by the accused: PW92 admits that he did not mentioned
that the injured persons gave alleged cause of the injuries. So all the above three accused
sustained injury in the occurrence is not clearly proved in this case.
42.
According to the prosecution the accused shouted kill the police party. But PW1 to
PW5 did not sustain any injury, not even a abrasion in the hands of the accused who
entered the escort vehicle with deadly weapon in their hands. As per the prosecution PW1
to PW5 were present inside the force van and due to hurdling of bomb inside the said
vehicle. PW1 to PW5 claims that they sustained blast injury. PW94/Dr. Aswini who
examined PW1 to PW4 on 10.08.2012 admits that none of the PW's sustained any bomb
blast injury. Further PW116 Dr. Pradeep stated that the injury sustained by PW2 might be
caused by RTA. So the prosecution version becomes improbable. Further PW5 the driver of
the force van admits that if really any bomb were hurdled over the van then he must be the
first person who must sustain bomb injury. PW95/Dr. Sivasankar deposed that there is no
external injuries for PW5 and there is necessity to admit him in the male surgery ward. So
in this case it is not clearly proved that all the injured persons sustained injury due to bomb
blast. Some of the injured had lost hearing due to the sound created by the explosion of the
bomb. PW2 alone sustained injury on the left eye and the eye balls were ruptured. But who
97
caused that injury in the mob is not clearly proved by the prosecution. So medical evidence
is not at all supporting the prosecution case.
43.
In this case section 109 IPC is found in the FIR itself. The registration of 109 IPC in
the FIR before investigation forms cloud of doubt against the prosecution case. PW121/JMII stated that on his enquiry none of the witnesses including PW1 to PW5 stated anything
about A1 and A2 and their motive. As per 2010 (2) CTC 76: Medical evidence not
supporting ocular testimony and first complaint suppressed by prosecution, accused entitled
to benefit of doubt. In the present case also , it is clearly prove that the first FIR was
suppressed by the prosecution. Further, the medical evidence is also not supporting the
ocular testimony, so accepting the above decision the accused are entitled to benefit of
doubt.
44.
In this case the delay in despatching the FIR is not explained by prosecution. The
cellphone evidence is not proved and all the witnesses examined to prove the cellphone
evidence did not support the prosecution case. A particular motive is put forward by the
prosecution, but it is not proved by prosecution and the motive put forward is highly
artificial. There is no evidence regarding abetment. Ex.P1 is proved to be a suspicious one
and it is proved that there are more than two FIR and the earlier one was suppressed. The
arrest, confession and recovery are proved to be false one. Medical evidence is not
supporting the prosecution case. Forensic report is also not supporting the prosecution case.
The Investigation is filled with infirmities. In the present case, the incident is true, but the
accused are roped in and charged falsely. Since there seems to be foul play on the part of
the police, facts were made to suspress the actual incident and the accused being familiar
with the police were made as scapegoat. Further in this case, no record is filed to prove that
PW1 to PW5 are on official duty on the date of occurrence. It is stated on the side of the
defence that the writ petition in W.P. No.:21347/2014 filed by PW15 the father of the
98
deceased Jagan is still pending before Madras High court, since there is no stay and further
there is direction by Hon'ble High Court to dispose this case within a period of four weeks
this court has proceeded with the case and finally disposed it.
45.
On perusing the entire evidence and records it is found that it is a case mixed with
truth and falsehood. As per AIR 1975 S.C. 1692: Balaka Singh Vs. State of Punjab:
Court must make an attempt to separate grain from the chaff, the truth from the falsehood,
yet this could only be possible when the truth is separable from the falsehood where the
grains cannot be separated from the chaff or inextricably mixed up that in the process of
separation the court would have to reconstruct an absolutely new case for the prosecution
by divorcing the essential details presented by the prosecution completely from the context
and the background against which they are made, then this principle will not apply. In the
present case also, the incident is true and it is mixed with falsehood. When it is not possible
to separate the truth from falsehood and when two views are possible the benefit should go
to the accused. So taking into account all the infirmities in the Investigation and the defects
in the prosecution case all the accused are entitled for acquittal.
46.
Taking into consideration all the above aspects, the offence alleged against the
accused under section 148 r/w 109 IPC; 341 r/w 149 and 109 IPC and 302 r/w 149 and 109
IPC; and 307(5counts) r/w 149 and 109 IPC.; 326 (4 counts) r/w 149 and 109 IPC and
section 3(A) of the Explosive Substance Act 1908 (6 counts) r/w 149 and 109 IPC; 27(1) of
Arms Act 1959 r/w 149 and 109 IPC; 332 (5 counts) r/w 149 and 109 IPC; 333 (4 counts)
r/w 149 and 109 IPC; Section 4 of the Prevention of Damage to Public Property Act 1984
r/w 149 and 109 IPC are not proved by prosecution beyond reasonable doubt and so the
accused are acquitted from the charges in terms of section 235(1) of Cr.P.C. and they
99
are ordered to be set at liberty in this case. The M.O.1 Blue colour force van PY01-G-9961 is ordered to be returned to Government after the appeal time is over.
M.O.2. - Innova car PY-01-AC-4466 is ordered to be returned to the R.C. Owner
on
production
of
R.C.
Book
after
the
appeal
time
is
over.
M.O.5, M.O.6, M.O.23 TO M.O.26, M.O.61 TO M.O.75 the photos and CDs are to
be placed with the records. The M.O. 3, M.O.4, M.O.7 to M.O.15, M.O.20 AND 21,
M.O.28 TO 60, M.O.89, M.O. 92 TO M.O.100 are ordered to be destroyed after the
appeal time is over, since they are not useful.
M.O.18 already returned to its owner from the court, the owner shall retain the same
and the bond executed in this regard stands cancelled. M.O.16 Appachi
Motorcycle, M.O.17 Black colout Pulsar, M.O.19 Red colour pulsar, M.O.22
Hero Honda Passion motorcycle, M.O.27 yellow colour Appachi motorcycle are
ordered to be returned to his R.C. Owner on production of R.C. Book after the
appeal time is over. M.O.90 Pistol and M.O. 91 SLR riffles are ordered to be
returned to Puducherry Police Department.
Dictated to my stenographer, transcribed by her, corrected and pronounced
by me in the Open Court on this the 12th day of December 2014.
- Dt. 24-3-2014
R.Senthilkumar
PW 2
- Dt. 24-3-2014
R.Rajendiran
PW 3
- Dt. 24-3-2014
100
G.Thirumurugan
PW 4
- Dt. 26-3-2014
R.Nagarajan
PW 5
- Dt. 31-3-2014
S.Kumar
PW 6
- Dt. 31-3-2014
P.Vinayagamoorthy
PW 7
- Dt. 31-3-2014
C.Malaivasan
PW 8
- Dt. 01-4-2014
J.Rajaraman
PW 9
- Dt. 01-4-2014
R.Panneer @ Panneerselvam
PW 10
- Dt. 01-4-2014
R.Mugunth Babu
PW 11
- Dt. 01-4-2014
R.Sureshbabu
PW 12
- Dt. 01-4-2014
D.Sivaraman
PW 13
- Dt. 02-4-2014
K.Natarajan
PW 14
- Dt. 02-4-2014
K.Dhayalan
PW 15
- Dt. 07-4-2014
M.Radhakrishnan
PW 16
- Dt. 07-4-2014
R.Jayamurthyraja
PW 17
- Dt. 07-4-2014
R.Paranidharan
PW 18
- Dt. 07-4-2014
A.Sooriyakumar
PW 19
- Dt. 08-4-2014
V.Krishnamoorthy
PW 20
- Dt. 08-4-2014
PW 21
- Dt. 08-4-2014
Sackithivel @ Murugan
PW 22
- Dt. 08-4-2014
Seenuvasan @ Sudhagar
PW 23
- Dt. 09-4-2014
Duraisamy
PW 24
- Dt. 09-4-2014
V.Thulasingam
PW 25
- Dt. 09-4-2014
N.Subburayan
PW 26
- Dt. 15-4-2014
S.Velu Prabagaran
PW 27
- Dt. 15-4-2014
S.Velmurugan @ Murugan
PW 28
- Dt. 15-4-2014
101
P.Kalaivanan
PW 29
- Dt. 02-6-2014
PW 30
- Dt. 02-6-2014
PW 31
- Dt. 02-6-2014
S.Anandaraj
PW 32
- Dt. 02-6-2014
S.Prabagaran
PW 33
- Dt. 03-6-2014
M.Sivaraman, VAO
PW 34
- Dt. 09-6-2014
N. Mannankatti
PW 35
- Dt. 09-6-2014
P.Sivabalan
PW 36
- Dt. 09-6-2014
V.Kirubagaran
PW 37
- Dt. 10-6-2014
J.Munisamy
PW 38
- Dt. 11-6-2014
V.Kumar
PW 39
- Dt. 11-6-2014
S.Kathiravan
PW 40
- Dt. 11-6-2014
Jesudass
PW 41
- Dt. 11-6-2014
S.Moorthy
PW 42
- Dt. 11-6-2014
T.Sadasivam
PW 43
- Dt. 16-6-2014
A.Sivasubramanian, RI in Yanam
PW 44
- Dt. 16-6-2014
K.Ram
PW 45
- Dt. 16-6-2014
K.Kumar
PW 46
- Dt. 17-6-2014
P.Shanmugam
PW 47
- Dt. 17-6-2014
M.Seenuvasan
PW 48
- Dt. 17-6-2014
S.Tamizh
PW 49
- Dt. 17-6-2014
S.Chandar
PW 50
- Dt. 17-6-2014
S.Selvakumar
PW 51
- Dt. 18-6-2014
S.Murugan
PW 52
- Dt. 18-6-2014
M.Murugan
PW 53
- Dt. 18-6-2014
102
G.Arumugam
PW 54
- Dt. 18-6-2014
V.Balakrishnan
PW 55
- Dt. 18-6-2014
B.Punniyavathi
PW 56
- Dt. 23-6-2014
I.Bharathy
PW 57
- Dt. 23-6-2014
PW 58
- Dt. 23-6-2014
M.Mohamed Ibrahim
PW 59
- Dt. 23-6-2014
S.Jayaseelan
PW 60
- Dt. 23-6-2014
S.Tamilarasan
PW 61
- Dt. 24-6-2014
M.Murugaiyan @ Agamai
PW 62
- Dt. 24-6-2014
K.Raja
PW 63
- Dt. 24-6-2014
Arputharaj
PW 64
- Dt. 24-6-2014
K.Kathiresan
PW 65
- Dt. 24-6-2014
R.Pazhani
PW 66
- Dt. 25-6-2014
K.Arumugam
PW 67
- Dt. 25-6-2014
A.Deepa
PW 68
- Dt. 25-6-2014
A.Arokiasamy
PW 69
- Dt. 25-6-2014
S.Ravikumar
PW 70
- Dt. 25-6-2014
B.Thomas
PW 71
- Dt. 25-6-2014
K.Vengatesan
PW 72
- Dt. 25-6-2014
G.Gowthamy
PW 73
- Dt. 25-6-2014
S.Anand
PW 74
- Dt. 07-7-2014
S.Moorthy
PW 75
- Dt.07-7-2014M.Mullaiventhan
PW 76
- Dt. 07-7-2014
V.Ravishankar
PW 77
- Dt. 07-7-2014
T.Kalavathi
PW 78
- Dt. 07-7-2014
103
E.Karhtigavani
PW 79
- Dt. 08-7-2014
G.Lingeshwaran
PW 80
- Dt. 08-7-2014
R.Krishnamoorthy
PW 81
- Dt. 08-7-2014
M.Nagaraj
PW 82
- Dt. 08-7-2014
N.Soundarajan
PW 83
- Dt. 08-7-2014
B.Ramakrishnan
PW 84
- Dt. 09-7-2014
Sheriban
PW 85
- Dt. 09-7-2014
Kandiban
PW 86
- Dt. 09-7-2014
C.Sathishkumar @ Kannan
PW 87
- Dt. 09-7-2014
P.Chandiran
PW 88
- Dt. 14-7-2014
PW 89
- Dt. 14-7-2014
V.Sivakumar
PW 90
- Dt. 14-7-2014
PW 91
- Dt. 14-7-2014
S.Kabilan
PW 92
- Dt. 15-7-2014
PW 93
- Dt. 15-7-2014
PW 94
- Dt. 15-7-2014
PW 95
- Dt. 15-7-2014
PW 96
- Dt. 16-7-2014
S.Sunil
PW 97
- Dt. 16-7-2014
PW 98
- Dt. 21-7-2014
PW 99
- Dt. 21-7-2014
Murali PC 1960.
PW 100
- Dt. 21-7-2014
PW 101
- Dt. 22-7-2014
Uthiradam, PC 2420.
PW 102
- Dt. 22-7-2014
104
Balachandar, PC 2736.
PW 103
- Dt. 22-7-2014
PW 104
- Dt. 23-7-2014
PW 105
- Dt. 23-7-2014
Rajavelu, PC 1899.
PW 106
- Dt. 23-7-2014
Perriyannasamy, PC.
PW 107
- Dt. 23-7-2014
PW 108
- Dt. 11-8-2014
PW 109
- Dt. 12-8-2014
Dr. S.Vijay.
PW 110
- Dt. 12-8-2014
PW 111
- Dt. 13-8-2014
PW 112
- Dt. 13-8-2014
PW 113
- Dt. 13-8-2014
PW 114
- Dt. 13-8-2014
Murali PC 2333
PW 115
- Dt. 13-8-2014
PW 116
- Dt. 19-8-2014
Dr. Pradeep
PW 117
- Dt. 25-8-2014
Srinivasan.
PW 118
- Dt. 25-8-2014
Nirmalabai.
PW 119
- Dt. 11-9-2014
M.Ramesh, Thasildar.
PW120
-Dt. 20.10.2014
K. Lenin Barathi
PW121
-Dt.03.11.2014
PW122
-Dt.07.11.2014
NIL
105
LIST OF PROSECUTION EXHIBITS:
Ex.P. 1
Ex.P. 2
Ex.P. 3
Ex.P. 4
Ex.P. 5
Ex.P. 6
Ex.P. 7
Emergency Parole Leave letter from the Supt. Of Jail, Special Sub Jail,
Yanam through PW 29.
Ex.P. 8
Ex.P. 9
Ex.P. 10
Ex.P. 11
Ex.P. 12
Ex.P. 13
Ex.P. 14
Ex.P. 15
Ex.P. 16
Ex.P. 17
Ex.P. 18
Ex.P. 19
Ex.P. 20
Ex.P. 21
Ex.P. 22
106
Seizure Magazar Dt. 17-08-2012 through PW 33.
Ex.P. 23
Ex.P. 24
Ex.P. 25
Ex.P. 26
Ex.P. 27
Ex.P. 28
Ex.P. 29
Ex.P. 30
Ex.P. 31
Ex.P. 32
Ex.P. 33
Ex.P. 34
Ex.P. 35
Ex.P. 36
Ex.P. 37
Ex.P. 38
Ex.P. 39
Ex.P. 40
Ex.P. 41
Ex.P. 42
Ex.P. 43
Ex.P. 44
Ex.P. 45
Ex.P. 46
Ex.P. 47
107
Seizure Magazar through PW35.
Ex.P. 48
Ex.P. 49
Ex.P. 50
Ex.P. 51
Ex.P. 52
Ex.P. 53
Ex.P. 54
Ex.P. 55
Ex.P. 56
Ex.P. 57
Ex.P. 58
Ex.P. 59
Ex.P. 60
Ex.P. 61
Ex.P. 62
Ex.P. 63
Ex.P. 64
Ex.P. 65
Ex.P. 66
Ex.P. 67
Ex.P. 68
Ex.P. 69
Ex.P. 70
108
Ex.P. 71
Ex.P. 72
Ex.P. 73
Ex.P. 74
Ex.P. 75
Ex.P. 76
Ex.P. 77
Ex.P. 78
Ex.P. 79
Ex.P. 80
Ex.P. 81
Ex.P. 82
Ex.P. 83
Ex.P. 84
Ex.P. 85
Ex.P. 86
Ex.P. 87
Ex.P. 88
Ex.P. 89
Ex.P. 90
Ex.P. 91
Ex.P. 92
Ex.P. 93
Ex.P. 94
Ex.P. 95
Ex.P. 96
109
Viscera Report (Chemical Examination Report) through PW 97.
Ex.P. 97
Ex.P. 98
Ex.P. 99
Ex.P. 100
Ex.P. 101
Ex.P. 102
Ex.P. 103
Ex.P. 104
Ex.P. 105
Ex.P. 106
Ex.P. 107
Ex.P. 108
Ex.P. 109
Ex.P. 110
Ex.P. 111
Ex.P. 112
Ex.P. 113
Ex.P. 114
Ex.P. 115
Ex.P. 116
Ex.P. 117
Ex.P. 118
Ex.P. 119
Ex.P. 120
Ex.P. 121
110
ID card Xerox through PW 115.
Ex.P. 122
Ex.P. 123
Ex.P. 124
Ex.P. 125
Ex.P. 126
Ex.P. 127
Ex.P. 128
Ex.P. 129
Ex.P. 130
Ex.P. 131
Ex.P. 132
Ex.P. 133
Ex.P. 134
Ex.P. 135
Ex.P. 136
Ex.P. 137
Ex.P. 138
Ex.P. 139
Ex.P. 140
Ex.P. 141
Ex.P. 142
Ex.P. 143
Ex.P. 144
Ex.P. 145
111
Crime Detail form dated 10.08.2012 through PW122
Ex.P. 146
Ex.P. 147
Ex.P. 148
Ex.P. 149
Ex.P. 150
Ex.P. 151
Ex.P. 152
Ex.P. 153
Ex.P. 154
Ex.P. 155
Ex.P. 156
Ex.P. 157
Ex.P. 158
Ex.P. 159
Ex.P. 160
Ex.P. 161
Ex.P. 162
Ex.P. 163
Ex.P. 164
Ex.P. 165
Ex.P. 166
Ex.P. 167
Ex.P. 168
Ex.P. 169
Ex.P. 170
112
Sanction order dated 30.10.2012 of the District Magistrate
Ex.P. 171
Ex.P. 172
Ex.P. 173
Ex.P. 174
Ex.D. 2
Ex.D. 3
Ex.D. 4
Ex.D. 5
Ex.D. 6
Ex.D. 7
Ex.D. 8
Ex.D. 9
Ex.D. 10
Certified copy of Govt. Arms Issue Register dt. 22.2.2010 through PW1.
Ex.D. 11
Ex.D. 12
Ex.D. 13
Ex.D. 14
Ex.D. 15
Ex.D. 16
113
Signature alone of PW3 with statement dt. 23.9.2012 given to Thasildhar
through PW3.
Ex.D. 17
Admitted certain portion of the staement of PW3 dt. 23.9.2012 given to the
Executive Magistrate through PW3.
Ex.D. 18
Ex.D. 19
Ex.D. 20
certified copy of the signed statement dt.23.9.2012 given by the PW5 to the
Thasildhar, Puducherry through PW5.
Ex.D. 21
Ex.D. 22
Ex.D. 23
Ex.D. 24
Ex.D. 25
Ex.D. 26
Ex.D. 27
Ex.D. 28
Ex.D. 29
Ex.D. 30
Ex.D. 31
Ex.D. 32
Ex.D. 33
Ex.D. 34
114
Letter dated 23.08.2012 of Finger print expert through PW122
Ex.D.35
M.O. 2
M.O. 3
M.O. 4
M.O. 5
M.O. 6
M.O. 7
through PW 32.
M.O. 8
M.O. 9
j;jk; njha;e;j fUg;g[ fyh; c&P xd;W. mjDs; `g[l; !;fpd; vd;w
bgahpy;; nygps; cs;sJ through PW 32.
M.O. 10
M.O. 11
M.O. 12
M.O. 13
through PW32.
115
M.O. 14
M.O. 15
M.O. 16
M.O. 17
M.O. 18
Black Colour Pulsar Bike PY 01 8255 returned to the owner through PW 33.
M.O. 19
M.O. 20
M.O. 21
M.O. 22
Hero Honda Passion Bike (Silver and red Coloour) PY 01 AG 8886 through
PW 34.
M.O. 23
M.O. 24
CD through PW 34.
M.O. 25
M.O. 26
CD through PW 34.
M.O. 27
M.O. 28
M.O. 29
M.O. 30
M.O. 31
M.O. 32
M.O. 33
M.O. 34
79.
116
M.O. 35
M.O. 36
through PW 98.
M.O. 37
,uj;jf; fiu goe;j iyl; ePy fyh; $Pd;!; ngz;l; xd;W through
M.O. 39
98.
M.O. 40
M.O. 41
M.O. 42
M.O. 43
98.
M.O. 44
M.O. 45
M.O. 46
M.O. 47
M.O. 48
M.O. 49
M.O. 50
M.O. 51
M.O. 52
M.O. 53
M.O. 54
117
M.O. 55
M.O. 56
M.O. 57
M.O. 58
PW 104.
M.O. 59
M.O. 60
through PW 104.
M.O. 61
M.O. 62
CD through PW 107.
M.O. 63
M.O. 64
CD through PW 107.
M.O. 65
M.O. 66
CD through PW 107.
M.O. 67
M.O. 68
CD through PW 107.
M.O. 69
M.O. 70
CD through PW 107.
M.O. 71
M.O. 72
CD through PW 107.
M.O. 73
M.O. 74
M.O. 75
M.O. 76
M.O. 77
118
Ordinary glass pieces through PW122
M.O. 78
M.O. 79
M.O. 80
M.O. 81
M.O. 82
M.O. 83
Blood stained brown left leg leather chapel 1 No. through PW122
M.O. 84
M.O. 85
M.O. 86
M.O. 87
M.O. 88
The uniform of PW1 along with all the set of objects like name badge,
whistle cord,belt, cap etc. through PW122
M.O. 89
M.O. 90
M.O. 91
M.O. 92
M.O. 93
M.O. 94
M.O. 95
Bomb blast material mixed with particles of metal road through PW122
M.O. 96
M.O. 97
M.O. 98
M.O. 99
M.O. 100
119
COURT DOCUMENT:
Ex.C. 1
SC No.09/2013
120
12.12.2014
Accused A1 to A27 produced.
Taking into
121
III ADSJ
PONDY
122
123