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IN THE COURT OF THE III ADDITIONAL SESSIONS JUDGE AT PUDUCHERRY

PRESENT:

TMT. S. MARY ANSELAM, M.A., M.L., III ADDITIONAL SESSIONS JUDGE PUDUCHERRY

FRIDAY, the 12 th day of DECEMBER 2014

SESSIONS CASE No.9/2013

(Committed to the Court of Sessions, Puducherry, by the Judicial Magistrate-I, Puducherry, by his Order, dated 24.01.2013, passed in P.R.C. No.26/2012 and taken on file by the Principal Sessions Judge, Puducherry, who made over the case to this court by his Order, dated

08.03.2013)

(Crime No.91/2012 ofThavalakuppam Police Station, Puducherry.)

Name of the Accused

: 1.

Mani @ Manikandan @ Murder Mani (36) S/o Sugunaraj No.:68, Mariamman Koil Street, Vandrapet, Odiansalai, Puducherry

2.

Karuna @ Karunakaran @ Manoharan (44) S/o Subramani Residing at Anitha Nagar, Mudaliarpet, Puducherry

3.

Iyyappan (25) S/o Durairaj No.:9, Gangaiamman Koil Street, Vandrapet, Odiansalai Puducherry

4.

Manikandan @ Suthi Manikandan (23) S/o Selvam No.:8, Indiran Nagar, Vandrapet, Odiansalai Puducherry

5.

Sathish @ Ravi (24) S/o Velu No.:9, Municipality Quarters, Tagoor Dhaveedhu Pettai, Vandrapet, Odiansalai

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Puducherry

6. Sundar @ Sakthivel (26) S/o Muthukrishnan Residing at No.:19, 1 st Street, Sethilal Nagar, Maduvapet, Lawspet, Puducherry

7. Jana @ Parimalazhagan (31) S/o Paruthi Residing at No.:66, P er iya PalayathammanKoil Street, Nethaji Nagar – III, Uppalam, Odiansalai Puducherry

8. Dhandapani (24) S/o Vellikannan Residing at No.:62, Kallarai Street, Vandrapet, Odiansalai, Puducherry

9. Murali (24) S/o Puviarasan Residing at No.:39, Guru Sithanatha Street, Senthamarai Nagar, Muthialpet, Odiansalai Puducherry

10. Susairaj (23) S/o Jospeh Philip Residing at No.:32, Ellaiamman Koil Street, Vandrapet, Odiansalai Puducherry

11. Raja @ Pokkaraja (23) S/o Muniyan Residing at No.:16, Veeran Koil Street, Nethaji Nagar, Uppalam, Odiansalai Puducherry

12. Mathiyas (21) S/o Mariya Thomas Residing at No.:63, K ol athar Thoppu, Roasiyarpet Puducherry

13. Anthony @ Anthonysamy (27) S/o Iruthiyaraj Residing at No.:63, Kolathar Thoppu, Roasiyarpet,

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Puducherry

14. Arun @ Anbazhagan (24) S/o Arumugham Residing at No.:32, Pillaiyar Koil Street, Kosapalayam, Orleanpet Puducherry

15. Dilip (23) S/o Vijayan Residing at No.:C-35, Dhaveedhu Pettai Municipal Quarters, Vandrapet, Odiansalai, Puducherry

16. Mahesh (23) S/o Jeelo Residing at No.:8, Municipal Quarters, Dhaveedhu Pettai Vandrapet, Odiansalai Puducherry

17. Mahesh @ Maduvupet Mahesh @ Maheswaran (30) S/o Selvaraj Residing at No.:27, 7 th Cross, Dobikana, Lawspet, Puducherry

18. Johnpaul (21) S/o Chinnaparaj Residing at No.:20, P al wadi Street, Nethaji Nagar -II, Uppalam, Odiansalai Puducherry

19. Alex @ Karuppu Alex @ Katta Alex (24) S/o Raju Residing at No.:107, Rasu Udaiyar Thottam, Vandrapet Odiansalai, Puducherry

20. Sankar @ Sivasankar (23) S/o Selvaraj Residing at No.:10, Annai Indira Nagar, Vandrapet, Mudaliarpet, Puducherry

21. Murthy (30) S/o Veerappan Residing at No.: 62, Vth Cross, Jeeva Nagar,Venkata Nagar, Grand Bazar, Puducherry

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22. Jakson @ Jaison Lenin Jospeh Thalash(19) S/o Arokiyanathan Residing at No.:134 Fransuva thottam, Vandrapet, Odiansalai, Puducherry

23. Sasikumar @ Beem(23)S/o Pandian Residing at No.:45, Sawmill Street Kurusukuppam, Muthialpet, Puducherry

24. Gnanavel (24) S/o Munusamy Residing at No.:53, Sawmill Street, Kurusukuppam, Muthialpet, Puducherry

25. Oosi @ Tamilselvam(22) S/o Kuppusamy Residing at Kolathat Thoppu, Vandrapet, Odiansalai, Puducherry

26. Chandra @ Chandru Prasanna (22) S/o Muthuraman Residing at Block No.:1, Door No.:2, Municipal Quarters,Vazhaikulam, Muthialpet, Puducherry

27. Sudhagar (24) S/o Chandiran (A31) Residing at No.:42, Ellaiamman Koil Street Vandrapet, Odiansalai, Puducherry

Charge against the accused : 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.

Plea of the accused

:

Not guilty.

Finding of the judge

:

Not guilty

Sentence or order

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In the result, 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 are

ordered to be set at liberty in this case. The

M.O.1 – Blue colour force van PY-01-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

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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. The vehicle PY-

01-BF-8255 – 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

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are ordered to be returned to Puducherry

Police Department.

Pleader for the accused

:

1.

Tvl. T. Tirounavocarassou - A1, A5, A8, A11, A13, A15, A24 & A26

 

2.

Tvl. B. Mohan, M. Velu, B.M. Subash - A6, A9 & A14

3.

Tvl. A. Sankaran, L. Sambath, M.D. Babu – A4, A10, A17, A21 & A22

4.

Tvl. Mohan Keerthi Kumar, M. Susairaj Dupier, Sathiamoorthy – A2

5.

Tvl. V. Krishnamurthy Reddier – A3,A7, A12, A16, A18, A19 & A20

6.

L. Sambath – A23, A25 & A27

Prosecution conducted by

:

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

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Chunnambar Bridge, Nonankuppam, Thavalakuppam PS limit, under the instigation of A1 and A2, you A3 to A24, A26, A29 and A31 along with the juvenile delinquents, due to prior enmity, in prosecution of their common object formed themselves as members of unlawful assembly carrying deadly weapons such as knives, country-made bombs, committed rioting thereby committed the offence punishable under section 148 IPC r/w 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 A14, A16 to A20, A26 wrongfully restrained one Panimalar Bus bearing Registration No. PY-01- X-3949 and Police escort vehicle bearing Registration No. PY-01-G-9961 using the Innova Car bearing registration No.PY-01-AC-4466 and using long knives and country made bombs and thereby committed the offence punishable under section 341 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 under the instigation of A1 and A2, A3 leading to A4 to A24, A26, A19 and A31 by committing the crime and A3 exploded the country made bomb on Jagan @ Jagannathan @ Jayakrishnan, who was sitting inside the police escort vehicle bearing Registration No.PY-01-G-9961 and A3 and A4 armed with long knives and country made bombs went inside the said police escort vehicle and exploded the country made bomb on Jagan @ Jagannathan @ Jayakrishnan and A4 assaulted on him with long knives on his head and thereby caused instantaneous death of the life convict Jagan @ Jagannathan @ Jayakrishnan and that would be likely to cause death or would be sufficient in the ordinary course of nature to cause death and thereby committed the offence punishable under section 302 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, 14, 16, 20, 21, unlawfully and maliciously caused the country-made bomb to explode, so as to endanger life or to cause serious injury and thereby committed the offence punishable under section 3 of the Explosive substances Act, 1908 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

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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.

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3. 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. The case of the prosecution is that on 10.08.2012 at about 16.15hrs at

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. The prosecution case, as unfolded during trial, is as follows:

PW1/Senthilkumar deposed that on 26.07.2012 a case was registered as Cr. 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 JM- II 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-01- G-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-AC- 4466 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-G- 9961 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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PW8/Rajaram deposed that he is working as driver in Panimalar bus, he used to go for 8 trips per day. Some 1½ years before on a day at 3.45 p.m. he took the bus from the bus stand and he was going to Kariamanikam. Panneer was the driver of the bus, when they were nearing Chunaber bridge one passengers came inside the bus, at that time there was a loud noise and smoke was spreading everywhere. Passengers got down and ran away, they also got down from the bus and ran away. He had not seen anything. Nothing was recovered from the scene place. But police obtained his signature, his signature in the observation Mahazar is Ex.P2. His signature is not found in the crime detail form and turned hostile.

PW9/Panneer deposed that he is working as conductor in Panimalar bus. On 10.08.2012 at about 3.45 p.m. he started the bus from bus stand towards Kariamanikam at about 4.05 p.m. they were nearing the boat house and passengers came inside the bus at that time there was loud noise outside and he found the police van and car dashed and so the passengers from the bus got down and ran away. He also came out of the bus, he put his signature in the police station. His signature in the crime detail form is Ex.P3. He had no knowledge about the occurrence and turned hostile.

PW10/Mugunth Babu deposed that Innova car TN-21-AA-3336 belongs to his junior uncle. Ragavan now he is using that car. On 12.08.2012 he went to Thavalakuppam Police Station for enquiry and produced the vehicle before RDO and on 10.08.2012 he came in that vehicle from Madras along with his wife and children in order to go to Thirunallar. At about 4.15 to 4.30 p.m. when their vehicle was crossing the Chunaber bridge blue colour police van was going before him, at that time he heard a loud noise and so he stopped his vehicle. At that time the police van was coming in the reverse position in a zig zag manner the crowd was chasing that police van, since bus was standing behind him he was unable to get forward. He and his wife and children came out from the car and they all went in another vehicle. Then on 12.08.2012 he came to Thavalakuppam Police station and showed his records and received the vehicle back.

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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

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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

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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 2½ 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,

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Iyyappan, Sathish @ Ravi, Anthony, Jana @ Parimalazhagan, John Paul, Kulla Magesh, Karupu Alex were standing. On seeing him they were moving from that place he called Suresh, Sathish and Iyyappan and asked them why they were standing there they told him that they came to boat house and in order to take milk they came to Ponlat booth. He asked them not to stand here and sent them away, at about 4.30 p.m. it was informed to him that while the police van was reaching chunaber bridge it was damaged by bomb and Jagan was murdered.

PW20/Arumugam deposed that on 10.08.2012 while he was on duty near the market place at about 4.15 p.m. one green colour Innova car PY-01-AC-4466 crossed him in high speed. So he informed the police station and asked them to stop the car. After sometime it was informed to him that there was traffic jam near the boat house, so he immediately went there and found the police van PY-01-G-9961 was in a damaged condition with the help of Inspector Ragunayagam they cleared the traffic jam. On 12.08.2012 it was informed to him that the vehicle seen by him was found in the Thavalakuppam police station. He was questioned by the police.

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.

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PW24/Thulasingam deposed that he was workign in Tea shop which was opposite to the boat house. Some two years before people near the Tea shop told him that there was bomb blast near Chunaber bridge. He had not seen the occurrence and the accused are not known to him and turned hostile.

PW25/Subburayan deposed that on 10.08.2012 at 4.15 p.m. he heard a loud noise, smoke was coming near chunaber bridge, he went there and found the bus and police van in a damaged condition. In the van one person was lying in an unconscious stage. He enquired the nearby people, they told him that while under transit life convict was murdered by throwing country bomb, who had thrown country bomb is not known to him. The accused are not known to him and he has not seen the occurrence.

PW26/Velu Prabagaran deposed that he had not seen the occurrence, the accused are not known to him and turned hostile.

PW27/Vellumurugan @ Murugan deposed that the 26 th accused is not known to him. Gnanavel is not known to him, nothing was seized before him, he has not put his signature in the confession. He had not seen the occurrence and turned hostile.

PW28/Kalaivanan deposed that the accused are not known to him, witness Vellumurugan is not known to him, He had not seen the occurrence. He had not put his signature in any paper, nothing was seized before him. His signature is not found in the confession of A26 and turned hostile.

PW29/Ganesh deposed that the 2 nd accused is in the rowdy list of Mudaliarpet Police Station. Several murder and attempt to murder and Dacoity case was pending against A2. From 1991 onwards he was a life convict in Cr. No.:201/97, his followers are running Nethaji Subachandra Bose loading and unloading Sangam at 100 feet road and Thengaithittu Athiparasakthi Nagar and Honourary President is A2. On 07.05.2012 at Ultratech cement godown at Athiparasakthi Nagar the

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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.,

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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

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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

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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

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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

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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.

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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 PY- 01-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.

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PW50/Selvakumar deposed that he had not seen PY-01-AC-4466 Innova car, motorcycle and assembly of 20 persons. Nobody was standing in the court complex or before his house and talking through cellphone. He had not seen blue colour police van coming out of the court and turned hostile.

PW51/Murugan deposed that the first accused is not known to him. He had not talked to A1 through phone. A1 also never talked to him through phone. He had no cellphone. Cellphone number of A1 is not known to him and turned hostile.

PW52/M. Murugan deposed that all the accused are not known to him. The first accused and accused Sudakaran is not known to him. He never used to talk with them. He never asked A1 to help him. He never asked anybody about the mobile number of first accused and turned hostile.

PW53/G. Arumugam deposed that the first accused is not known to him, nobody contacted him through phone from jail. He had no cellphone and turned hostile.

PW54/V. Balakrishnan deposed that Dandapani is his brother. He did not give cellphone and I.D. to him. He also never contacted him through phone. He had no cellphone and turned hostile.

PW55/Punniyavathi deposed that her sister is Devayani and her daughter is Dhan. He never gave cellphone to Dhan, she had no cellphone. From her cellphone Dandapani never talked to his wife and turned hostile.

PW56/I. Bharathy deposed that David and Murali are not known to her. Her cellphone number is 8124682991. She never gave her cellphone to Murali. Murali is not known to her. She never used to phone her. The cellphone number of Murali is also not known to her and turned hostile.

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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-AC- 4466. 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.

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PW63/Arputharaj deposed that the accused Iyyappan is not known to him. His wife name is Anitha. Nobody threatened his wife and received the I.D., ration card and photos from his wife and turned hostile.

PW64/K. Kathiresan deposed that his sister's name is Devaki. His sister husband Chandramohan. His sister ran away with accused Chandru. The accused Chandru is not before the court. Some of the properties of him were given to his sister's children by him. Nobody threatened him to hand over those document to his sister. He never gave that documents to his sister and turned hostile.

PW65/R. Pazhani deposed that the accused Sundar is not known to him. There was no quarrel between him and Sathish. He had cellphone and its number is 9444992104. Nobody threatened him through phone and turned hostile.

PW66/K. Arumugam deposed that there was no problem with regard to his land which was situated in Lawspet. The accused Sundar is not known to him. Nobody approached him in connection with the construction of temple. Jagan was murdered is known to him through paper news. Whether the accused Sundar had connection with the murder of Jagan is not known to him and turned hostile.

PW67/A. Deepa deposed the accused Iyyappan is not known to her. He never joined in the chit with her. Iyyappan never used to phone her. She had no cellphone. Whether Iyyappan was arrested in connection with Jagan murdered is not known to her and turned hostile.

PW68/A. Arokiasamy deposed that the accused Iyyappan is not known to him. Whether he is available before court is not known to him. He had cellphone number 9789543587, before that he had a number and he has forgotten it. Iyyappan never used to contact him through phone and turned hostile.

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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-01- AG-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

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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

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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.

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PW85/Kandiban deposed that he had Hero Honda Passion Plus motorcycle No.:PY-01-AG-8886, he pledged that vehicle to Moorthy for Rs.15,000/-. When he went to Moorthy to redeem the vehicle he told him that he pledged the vehicle to Solamen. Solamen gave his vehicle to Sathish, that vehicle is involved in the murder. He identified the vehicle to the police.

PW86/C. Sathishkumar @ Kannan deposed that he had an Innova Car No.:PY-01-AC-4466. Since the vehicle was under repair, he asked the mechanic and both of them pushed the vehicle and put it in the workshop. During that time the police obstructed them and asked for the records. Since he had no record at that time, he took all the records and produced it before the police station, later they asked him to go to the station. After two days they had informed him his car involved in the murder of Jagan.

PW87/P. Chandiran deposed that he had a car and he gave it to Sathish kumar, the details about the car is not known to him and turned hostile.

PW88/Rajkumar deposed that he is working as Sub Inspector of Police in Kalapet police station. On 06.06.2010 the Jail Superintendent gave him a letter, the Chief warden Loganathan gave a letter to Jail Superintendent and the Jail Superintendent gave it to him for further action. So he had registered Cr. 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

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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

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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,

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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

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.

she had examined Nagarajan, he was found in drowsy condition,

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

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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 10 th 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 Murugan, Palani he had recorded the statement of the witnesses in Tamil. He assisted the Inspector in the investigation.

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PW101/Uthiradan deposed while he was working as constable in Thavalakuppam Police Station, Inspector had questioned certain witnesses, he had recorded those statements.

PW102/Balachandar deposed that on 13.09.2012 he went to JM-I, as per the order of the Circle Inspector, H.C. Sivakumar also came along with him and he received the sealed cover and material objects from the court and handed over it at CFSL, Chennai. On 13.09.2012 he had received sealed cover from CFSL and handed over it before JM-I. He was questioned by the Inspector.

PW103/Seeralan deposed that while he was working as ASI, Thavalakuppam police he went to CFSL, Chennai and returned to JM-I and handed over the object there.

PW104/Rajesh deposed that on 10.08.2012 while he ws working as Circle

Inspector at Ariyankuppam Police Station, it was informed to him through letter that

force escort vehicle was damaged in a bomb blast. So at 7.15 p

place, force traveller vehicle PY-01-G-9961 was found there in a damaged condition. He went inside and found Balrus (4), small nail (14) small stones (8), thread and paper pieces and rexin paper and wooden pieces. He collected them and handed over it to the police. That seizure mahazar is Ex.P99. He gave requisition to examine that is Ex.P100. Then he had received requisition from the Superintendent to diffuse the seized four country bombs, that letter is Ex.P101. The diffused four pieces is M.O.53. Small nails M.O.54. Small stones M.O.55, thread pieces M.O.56, paper pieces M.O.57. from the force vehicle sponge were seized and that is M.O.58, the rexin taken from the seat is M.O.59. The wooden pieces from the seat is M.O.60. On 10.09.2012 he had searched the van, at the police shuttle ground. There was a hole on the driver seat, there was a dent on the right side bonnet. There was dent on the front bumper, left side glass bonnet is found with dent. Back side of the driver seat was damaged. The long seat and the left side seat was damaged. The door

he went to the scene

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)

Epidermo dermal burns of 18 x 6 cms over the upper aspect of left

2)

shoulder. Epidermo dermal burns 8 x 3 cms over the lower and outer aspect of

3)

left forearm 23 x 8 cms over the top of the head with loss entire brain.

4)

18 x 6 cms over the frono tempero paraital areas of the scalp.

5)

5 x 2 cms over the middle of forehead

6)

4 x 1 cms over the left side of forehead.

7)

5 x 1 cms over the outer aspect of left eye.

8)

1.5 x 1 cms over the left cheek.

9)

3.5 x .50 cms over the upper aspect of the left ear.

10)

4 x 0.50 cms over the middle of the left ear.

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

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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

of summary is Ex.P134. The injury sustained by Rajendiran is grievous, he cannot regain his sight in the left eye.

PW117/Srinivasan deposed while he was working in the Thavalakuppam Police Station in the year 2012 he had typed certain records in connection with this case and handed over to the Inspector. The witnesses were questioned by the Inspector and he typed the statement and gave it to him.

PW118/Nirmalabai deposed that she is working in Forensic Science department at Chennai. On 13.09.2012 she had received the blood sample of Jagan from the court she had examined it. On 11.08.2012 on examination she is unable to find out the blood group. Her serology report is Ex.P136. In connection with the same case from the Biological department she had received certain items, she had examined them and human blood was found in item 10,13,14 to 16, 19, 20, 21 to 25; 29 to 38 and 39. Blood found in Item No.:19, 20 to 22 and 23 belong to “B” group. Blood found in item No.:35, 37 and 39 belong to “O” group she was unable to find out the group in item No.:10, 13 to 16; 24, 29 to 34; 36 to 38. Item 8 and 11 blood lost its originality. Blood in item 25 is insufficient for testing. Her report is Ex.P137. She had also examined socks, 3 knife and 4 knife and it contained human blood. Blood in item 1 belongs to “B” group. She is unable to tell the group of item No.;3 and 4, item 2 lost it quality, that report is Ex.P138.

PW119/M. Ramesh deposed that he is working as Thasildar at Puducherry. On 10.08.2012 at about 4.45 p.m. he had received information from the public that there was a bomb blast in the Chunaber bridge and one Government vehicle was damaged. So he immediately went there. The scene place looks like a war place. Several police officials were found there. He enquired and it was told that life convict Jagan was taken from Puducherry to Karaikal and some unidentified persons threw bomb and murdered him. He had revived the law and order problems and went to his office. On 11.08.2012 the District Collector gave an order to him that order is Ex.P139, in that order it is stated that as per FIR in Cr. No.;91/2012 the Sub

51

Inspector Senthilkumar gave a complaint on 10.08.2012 and case was registered while a life convict was taken from Puducherry to Karaikal bomb were thrown on the Government vehicle and Jagan was murdered. District Collector has ordered him to conduct inquest over the dead body of Jagan, he also adviced him to conduct inquest as per the Human rights Commission guidelines. So on that day at 0100 hrs he had enquired the father of Jagan Mr. Radhakrishnan and his younger brother Jayamorrthy, then inquest was conducted before JM-II and in his presence Dr. Diwakar and Siva--- conducted postmortem from 4.00 hrs till 5.00 hrs. He had received the case details on 28.08.2012. Other details came from Thavalakuppam Police station and Orleanpet Police Station. Five police officer took Jagan from Puducherry to Karaikal Jail in which Mr. Kumar is the Homegaurd and driver, Nagarajan, Thirumurugan, Senthilkumar were questioned by him and it was recorded and read over to them and they had put their signature. His report containing 176 pages were sent to the District Collector on 04.11.2012. His report is

Ex.P140.

PW120/Lenin Bharathi deposed while he was working in Thavalakuppam Police Station on 10.08.2012 while he was in Kannaikoil Pachiavaeamman Temple festival, Head Constable Sivakumar conducted him through phone and told him about the bomb blast at Ariyankuppam chunaber bridge, he went to the scene place and a blue colour police van PY-01-G-9961 was found in a damaged condition, inside the van the life convict was found dead, he enquired and it was informed to him that the Escort police also sustained injury and they were taken to the Government General Hospital. Sivakumar and Balachandar were put in the scene place and he went to G.H. Along with P.C. 1833. At 17.25 hrs the Sub Inspector of Police Senthilkumar gave an oral complaint, it was dictated by him and P.C. 1833/Ganapathy he wrote it and Sub Inspector read that complaint and put his signature, then he went to the police station and registered Cr. No.:91/2012 u/s 147, 148, 341, 332, 333, 302, 307, 109 IPC and section 3 of Explosive Substances Act 1908 and 3 of PDPP Act r/w 149 IPC. The printed FIR is Ex.P141. He handed over the case bundle to the Inspector Palanivel for investigation. The express FIR was

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-AA- 3336 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 gave him the FIR along with the statement of Senthilkumar, 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

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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

him that he had arrested accused Manikandan, Mathias, Selvam @ Lourdsamy, Iyyappan, Oosi @ Tamilselvan on 11.08.2012 at 17.00 hrs at Lucky bar, Madagadipet. Then he handed over them along with arrest memo, arrest memo of A4 is Ex.P148, arrest memo of Mathias is Ex.P149, the arrest memo of John Paul is Ex.P150, arrest memo of Oosi @ Tamilselvan is Ex.P151. Then he had examined A4 before VAO Sivakumar and Kumaran, A4 voluntarily gave confession and at 20.30 hrs A12 Mathis gave confession. A18 also gave confession. A26 gave confession on 12.08.2012 at about 0030 hrs. The accused took them to Kandamangalam and near the police station A4 identified the Innova car and he handed over two knife from the innova car, they were seized before witness Sivakumar and Kumaran in the seizure mahazar Ex.P18. All the five accused identified the scene place Chunaber bridge, then the five accused were sent for remand on 12.08.2012 at 14.30 hrs . The Panimalar bus driver and conductor identified the Innova car which obstructed them. The photos of Panimalar bus was

taken at the police station. He had question the owner of the Innova car TN-21-AA- 3336 and recorded his statement. Then he went to G.H. and examined Senthilkumar further and recorded his statement. On 13.08.2012 at 7.30 a.m. He had questioned witnesses Esudass, Jothiram, Sadasivam and recorded their statement. It was informed to him that some 14 accused in this case surrendered before JM-II Tindivanam, he gave a requisition to transfer them to Puducherry Jail. S.I. Babuji handed over him the force vehicle and Innova car for RTO inspection. On

14.08.2012 the accused in Tindivanam Jail were transferred to Puducherry Jail. So

he filed petition before JM-I Puducherry for police custody for A3, A6, A8, A14 as per the order of JM-I on 15.08.2012 they were give for police custody. On 16.08.2012 at about 7.00 a.m. the pistol and SLR riffle were handed over by Orlenpet S.I. And he had received it under form-95 I,e, Ex.P152. The pistol – M.O.90, SLR 9mm and 7.62 mm SLR – M.O.91 and the third accused voluntarily gave confession and he recorded it before witness Sivakumar and Kumaran. On

16.08.2012 at 9.20 hrs on that day at 11.30 hrs A8 gave confession, A6 also gave

confession, it was recorded at 20.10 hrs, the confession of A14 was recorded at 22.15 hrs, as per the confession of A3 and A8 they took them to the scene place and

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, Velprabakar and recorded their statement. Then he went to Government Hospital and questioned Dr. Diwakar and received the blood sample and skin bit container i.e. Ex.P159. On 29.08.2012 he went to General hospital and received the postmortem certificate from Dr. Diwakar and handed over the copy to the JM and he gave a requisition to the RTO with regard to the details of Innova Car owner for that a reply was given on that day i.e. Ex.P158. On 30.08.2012 he gave a requisition to JM to give permission to diffuse the country bombs. He had questioned witness Jayakumar, Kirubakaran, Inspector Sivakumar, Shyam @ Shyam Sundar and recorded their statement. JM - I gave permission to diffuse the country bombs. On 31.08.2012 he had questioned the railway parking supervisor Vishnu Sakthi and recorded his statement. On 28.08.2012 he had questioned injured Rajendiran at Sankara Nethralaya eye hospital and recorded his statement. On 01.09.2012 as per the order of JM-I bomb squad expert ASI Rajesh diffused the bombs seized from A5, A3, A10, A14 before witness Lingesh and the remanants are M.O.34 series. It was seized in the seizure mahazar. On 02.09.2012 he had questioned Velmurugan, Kalaivanan and recorded their statement. On 04.09.2012 he gave a requisition to JM- I for getting damage certificate to the Escort van. On 05.09.2012 he had arrested

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

was remand. He questioned Lingeshwaran and Velarasan and recorded their statement. On 17.09.2012 he had questioned VAO and witness Managatti at the police station and recorded their statement. On 18.9.2012 he gave a requisition to JM-I for the formal arrest of A1 and A2. Then he gave requisition to Dr. Kandhan Nagaraj to give his report with regard to the injuries sustained by A5, A10 and A19, the reply given by the doctor is sent to the court immediately. He had questioned VAO Sivabalan and recorded his statement. He questioned Dr. Kamalraj and recorded his statement. On 19.09.2012 he had received the vicera report of Jagan through H.C. Sivaram. He had questioned witness Anthonyammal, Maizhagan, Raman, Kalavathy and recorded their statement. The photos was taken at the Mortuary, the damaged bus Panimalar and the bomb experiment place and the Chunnambar bridge and the name board. He had received the photographs and CD and examined the photographer and recorded his statement. The mobile number and I.D. proof of the cellphone used by A23 was received through email. On 20.09.2012 he had questioned witness Magidasan and recorded his statement. On 21.09.2012 he questioned VAO Vazhumuni and recorded his statement. On 22.09.2012 he had questioned witness Moorthy, Ravisankar, Shyam, Kandiban and recorded their statement. On 24.09.2012 he questioned VAO Kirubakaran and recorded his statement. He had questioned VAO Gayan on 24.09.2012 and Selvam and Gabriel on 26.09.2012 and recorded their statement. On 29.09.2012 he filed affidavit petition before JM-I for police custody of A1 and A2. He had questioned Krishnamoorthy and recorded his statements. On 01.10.2012 he questioned witness Upadhaya and recorded his statements. On 05.10.2012 it was informed to him that the accused Sudhakar surrendered before court, so he filed petition for police custody and accused Sudhakar. On 08.10.2012 he had questioned S.I. Ganesh and recorded his statement. At that time he informed him that A2 submitted a requisition for parole and he gave his reply. Then he took Sudhakar for police custody and he gave confession on 08.10.2012 at 11.30 hrs and it was recorded before witness Sivakumar Sundereshwar Rao and as per the confession he took them to his house and from the backside of his house he handed over M.O.35 – knife, then Sudhakar was sent for remand. On 09.10.2012 he had received the wound certificate of ASI Thirumurugan,

61

Rajendiran, Nagaraj and Kumar, he had questioned witness Sivakumar and Sundereshwar Rao and recorded their statement. On 11.10.2012 he went to G.H. And received the wound certificate of witness Thirumurugan and the final opinion also. He had questioned her and recorded her statement. The diffusion certificate was received and sent to court on 12.10.2012 he went to G.H. And questioned Dr. Diwakar, Sivaramchandar and recorded their statement. On 14.10.2012 he had questioned the photographer Ranganathan and recorded his statements. On 15.10.2012 he took A1 and A2 for police custody. The he had received the cellphone call details statement of A1, A3, A10, A7, A5, A9, A6 , A8 and A22. He had received the call details and I.D. proof, he had questioned witness Johnson and recorded his statement. The call details of A23 was received from vodofone company. Then on 16.10.2012 the M.O.'S seized from the police van was sent to the ballastic report to Hyderabad CFSL. On 17.10.2012 as per the order of CJM A1 and A2 were formally arrested at Yanam Jail. A Letter given by CJM is Ex.P162, arrest memo card of A1 and A2 is Ex.P163 and Ex.P164. Accused refused to put their signature in the arrest memo card, so the warden Thirumuthu, Kabilan put their signature in it. On 17.10.2012 the petition was filed before JM-I Yanam for formal arrest, the formal arrest petition is Ex.P165. On that day he filed petition before JM-I for police custody of A1 and A2, that petition is Ex.P166. On that day he gave requisition for the arrest of A1 and A2 i.e. Ex.P167. On 17.10.2012 PT warrant was issued. On 18.10.2012 A1 and A2 who were life convict were remanded in this case also. On 18.10.2012 A1 and A2 were given for police custody for one day. He had questioned the first accused at 13.15 hrs at Yanam police station before witness Sivasubramanian and Rashid, he gave confession in the confession, A1 and A2 refused to sign at 15.00 hrs A2 gave confession as per the confession of A1, A1 took them to Yanam Jail, Female ward and handed over voter I.D. which was kept in a notebook and it was seized in the seizure mahazar Ex.P168. Then at 17.20 hrs A1 and A2 were handed over at the Yanam court, he had questioned witness Sivasubramanian and Rashid and recorded their statement. On 19.10.2012 he questioned witness Kabilan and recorded his statements. On 22.10.2012 he had questioned Srinivasan @ Ravisankar who had examined the damaged vehicle and

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

02.11.2012 and recorded their statement. On 05.11.2012 he gave a requisition to the

District Magistrate and received the inquest report, Chemical report, Final report of the Tahsildar. On completion of investigation he had laid the charge sheet against the accused u/s 148, 341, 302, 326, 307, 332, 333, r/w 149 and 109 IPC and section 3 of explosives substances act 1908 and 25(1)(A) , 27(3) of arms act 1959 and section 4 of PDPP Act 1984. He further deposed that on 24.05.2013 he added section 120(B) in the charge sheet and sent report to the court i.e. Ex.P172. On 07.05.2013 he had questioned Dr. Pradeep and Santhosh and recorded their statement. He handed over the case sheet and it was sent to the court. The report from the Hyderbad CFSL is Ex.P173 and Ex.P174.

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.

The Point for consideration is:

Whether the offences alleged against the accused were proved by the prosecution beyond all reasonable doubts?

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;

64

vd;id kPz;Lk; tprhhpj;jhh;/ mt;thW tprhhpf;Fk; nghJ

b$fd;

mghak; ,Ug;gjhf brhd;ndd;/). In this regard he had stated in his

cross examination as follows : ( g[fhhpnyh vd;Dila thf;F K:yj;jnyh b$fd; vd;Dld; ngrpaJ gw;wp Twtpy;iy.).

Further PW1 deposed as follows: (fhty; epiyaj;jpy; cs;ns te;J btoFz;L tPrp bfhiy bra;jjhy; nghyPrhUf;Fk; mth; kPJ xU tpnuhjk; cz;L/ enuc&; gl;nly; nghd;w gzf;fhuh;fis kpul;o gzk; gwpg;gJ b$fDf;F gHf;fk;/)

vjphpaplk; jdf;F

vd;dplk; 1 kw;Wk;

2

tJ

10. 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

for A1 and A2 to cause those assault, A3 to A27

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.

66

13. 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

rk;gtk; ele;jJ It is further argued that the place of occurrence is doubtful

in this prosecution case. According to the prosecution the incident took place on the

southern end of the bridge which runs South to North, at the end of the bridge on the

southern side there is an iron guard rail fencing which runs out 500 mts. The bridge

is 150 feet above the ground level, on the southern end of the Parapet wall of the

bridge there is a slope with iron guard rail fencing to prevent falling and finally

reaches the ground level.

The mud road leading to the burial ground is situated

below the bridge on the eastern side of the bridge. The mud road is connected to the

southern end of the iron guard railway fence. It is important to note that the mud

road is connected to the main road at the southern end of the iron guard rail fencing.

It is important to note that the mud road is connection to the main road at the end of

the Parapet wall of the bridge since it is higher than the ground level. Hence no

vehicle from the mud road can come across to the main road at the end of the parapet

wall of the bridge, the Innova car came across the road. But PW1, PW2 and PW5,

says that the Innova car came in front of the police vehicle, PW3 and PW4 stated

that the Innova car came across the road. The place of occurrence as per the sketch is

at the end of the parapet wall of the southern end of the bridge. So the place of

occurrence is doubtful.

67

14. 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.

68

15. 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;

FIR

gf;fk;

103

fz;Ls;s

FIR

gf;fk; 3y; fz;l

k;

,t;tHf;F

rk;ke;jg;gl;lit jhd;/ vd;Dila 2 FIR k; xd;Wjhd;/ 1

FIR

3

gf;fk;

cs;sJ

kw;bwhU

FIR

4

gf;fk;

cs;sJ/ mjpy;

cs;;s tptu';fs; vGjpath; ifbaGj;J tpj;jpahrkhf

,Ue;jJ/ 3tJ gf;fj;jpy;

cs;s FIR

rk;gt ,lj;jpy;

itj;J vd;dplk; bfhLj;J ehd; mjpy; ifbaGj;J

nghl;Ls;nsd;/ gf;fk; 103y; cs;s FIR 11k; njjp vd;dplk;

bfhLf;fg;gl;L ehd; mjpy; intial nghl;Ls;nsd;/ gf;fk; 3y;

fz;Ls;s FIR y; jpUKUfd;. uhn$e;jpud;. ehfuh$;. oiuth;

Fkhh; Mfpnahh; brhd;djhf brhy;ygLk; Fwpg;g[fs;

cs;sd vd;why; rhpjhd;/ gf;fk; 103y; fz;Ls;s FIR y;

gp/rp/ ehfuh$; bgah; ,y;iy/

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-01-

AC-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

Manikandan, Sathish @ Ravi, Iyyappan, Dhandapani, Arun @ Anbuazhagan,

Murali. PW2 names Susai, Suthi Manikandan, Iyyappan. PW5 names Murali,

Sundar, Arun. All these witness PW1 to PW5 have improved their version in 161

Statement and have given improved version while deposing in court. The 161

statements are prepared by the Investigating Officer and he had questioned the

witness as per 161 statement created by the Investigating Officer. It is to be noted

that PW1 to PW5 must have given the same version before the Investigating Officer.

The Investigating Officer on 10.08.2012 as they have given a version before the

Executive

Magistrate/PW119,

PW1

to

PW5

have

informed

the

Executive

Magistrate/PW119 on 22.09.2012 and 23.09.2012 that after inhaling the smoke that

came out of the bombs, they all swooned and did not see anything. When they woke

up they found Jagan murdered. The P.C. Rajendiran goes one step forward and says

that he saw A3 attacking Jagan with knife. This is totally an improvement since in

Ex.P1 PW2 has not mentioned the name of A3. This yet another tutoring by the

Investigating Officer, which fact is stated by the PW2 in his cross examination. PW2

in the cross admits that he does not know the contents of 161 statement when he was

questioned by Executive Magistrate. It stands proved that Investigating Officer

created all the 161 statements on his own accord and these statements were not

shown to PW1 to PW5 till that time they were examined by PW119. As per 2008 (3)

MLJ Criminal 300 : If the FIR is held to be fabricated, the prosecution case is held

to be rejected on such sole ground and the conviction of accused is liable to be set

aside. So in the present case also the existence of several FIR creates series doubt

about the prosecution case.

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 bfhiy bra;jjhy; nghyPrhUf;Fk; mth;

kPJ

xU

tpnuhjk;

cz;L/ enuc&;

gl;nly; nghd;w

gzf;fhuh;fis kpul;o gzk; gwpg;gJ b$fDf;F gHf;fk;/)

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

kDtpy;. nghyP!;

cah; mjpfhhpfs;

vd;

kfdpd; bfhiyapy; rk;ge;jk; cs;sjhf fUJfpnwd;/

mjdhy;

CBI

tprhuiz

elj;j

ntz;Lk;

vd;W

nfl;Ls;nsd;/ ) It is further supported by PW16/Jayamurthiraja, the brother

of

the

deceased.

jhrpy;jhh;

tprhhpj;j nghJ

kzpfz;lDk;/

fUzht[k; rjp bra;tjhf brhd;dJ vdf;F "hgfkpy;iy/

He further deposed that he told his brother to behave in a proper way. He further

deposed as follows: Jagan told him as follows: Rl;LtpLntd;

vd SI

73

brhy;fpwhh; ghk; nghl;LtpLthh; vd;W brhy;fpwhh; tPl;oy;

mg;gh. mk;kh mGfpwhh;fs; vd brhy;ypa[s;shh;/ mjw;F

gjpy; Twpa b$fd; eP brhy;wJ cz;ikjhd; nghyP!; ,J

khjphp

bgha; tHf;F

nghl;L ,Uf;F vd;id

Rl;L

tpLth';f vd;Wk;. ,jw;F enuc&; gl;nly;

jhd;

fhR

bfhLj;J cjtp gz;whU vd re;njfkhf cs;sJ/ Further

PW15/Radhakrishnan

deposed

as

follows:

nghlnghwh';f vd

Kjypahh;

brhd;djhft[k;

mth;fSf;F

ghh;k;

nghl;LLth';f.

ngl;il

vy;yhk;

fndc&;

SI

Kd;Tl;ona

bjhpe;jpUf;F vd mtnu mth; thahy; 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; 23/09/2012 md;W bfhLj;njd;/ mJ EX.D.13

MFk;/

EX.D.13y;

vjphpfspd;

bgah;

vJt[k;

74

brhy;yg;gltpy;iy/ EX.D.13y; tz;of;Fs; brd;W ve;j vjphp

b$fid btl;odhh; vd;w tptuKk; ,y;iy/ ) Likewise, PW2

deposed

in

his

cross

examination

as

follows:

(vd;id

jhrpy;jhh;

tprhhpj;jhh; ehd; jhrpy;jhhplk; bfhLj;j thf;FK:yk; EX.D.15

MFk;/ ehd; jhrpy;jhh; tprhuizapd; nghJ vjphpfspd;

bgah;fis Fwpg;gpl;L brhy;ytpy;iy/ mjw;F fhuzk; S.I.

brhd;djhy; jhd;/ rk;gtj;jpd; nghJ fz;zpy; mog;gl;L

vdf;F miu kaf;fk; Vw;gl;lJ/ g[Jit GH-y; cs;s

kUj;Jthplk; vg;go fhak; vd;W brhd;ndd;/ thfdj;jpy;

brd;W bfhz;oUe;jnghJ Fz;L tPrg;gl;L fz;zpy;

fhak;

Vw;gl;lJ

vd;W

vd;Dila Kjy; tprhuizapy;

lhf;lhplk;

A6

tPrpa

brhd;ndd;/

Fz;L vd;

fz;zpy; gl;lJ vd;W jtwhf brhd;ndd;/ 23/09/2012

md;W jhd; ehd; miHg;ghidapd; nghpy; jhrpy;jhh; Kd;

M$uhfp thf;FK:yk; bfhLj;J ifbaGj;jpl;nld;/ ehd;

me;j

thf;FK:yj;jpy;

jw;nghJ

brhd;d

vjphpfspd;

bgah;fis brhy;ytpy;iy/ PW3 deposed in his cross examination as

follows:

jhrpy;jhh;

gjpt[ bra;j thf;FK:yj;jpy;

cs;s

ifbaGj;J vd;DilaJ jhd; mJ

EX.D.16

MFk;/

jhrpy;jhhplk; ehd; bfhLj;j thf;FK:yj;jpy; Twg;gl;l

75

thpfs; jhd; EX.D.17 cs;sJ/ v';fs; midtUf;Fk; fz;

vhpr;ry;. ,uz;L fhJfSk; nfl;ftpy;iy lkhh;. lkhh;. vd;w

rj;jj;jhy; fhJ rt;t[ fpHpe;jjhy; fhJ nfl;ftpy;iy vd;W

brhy;ypa[s;nsd;/ PW4 in his cross examination deposed as follows:

(b$fd; vd;gtiu g[Jit nfhh;l;oy; (JM 2) y; M$h;gLj;jp

gpd;g[ mtiu fhiuf;fhy; b$apy; tplr;brhy;Yk; nghJ

jtsf;Fg;gk; Rz;zhk;g[ MW ghyk; mUnf milahsk;

bjhpahj egh;fshy; Escord Van kPJ btoFz;L tPrg;gl;L

mjdhy; b$fd; vd;w Fw;wthsp bfhy;yg;gl;L mjd;

gpd;g[ Jg;ghf;fp R{L elj;jg;gl;L cUisapd;ngl; oiuth;

HC

mUs; vd;gth;

2 pistol,

6 rounds and SLR

Riffle and 6 rounds

bfhLj;jhh;/ mij ghJfhg;gpy; itf;Fk;go PC 1769 trk;

xg;gilf;fg;gl;lJ

vd;W

vGjg;gl;Ls;sJ

vd;why;

rhpjhd;/ PW5 in h is cross examination deposed as follows: jhrpy;jhh;

tprhuizapy;

ehd;

ahUila

bgaiua[k;;

Fwpj;J

brhy;ytpy;iy/ So in the evidence of PW1 to PW5 there are `many ostensible

lacuna that makes the testimonies of the ocular direct evidence as incredible and

impeachable. The Ex.P1 was written by another police officer named Ganapathy and

he was not examined as witness. The statements given by PW1 to Thasildar on

11.08.2012, he had categorically stated that they were attacked by unknown persons.

Further the information in the Sentry diary and also the statement given to the doctor

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.

It is stated on the side of the defence that Ex.P1/complaint is also suspicious

one.

PW1

in

his

chief

examination

deposed

as

follows:

ehd;

rpfpr;irapy;

,Ue;jnghJ

jtsFg;gk;

Ma;thshplk;

rk;gtk;

gw;wp

thf;FK:yk;

bfhLj;njd;

rpfpr;irapy;

,Ue;jnghJ tl;l Ma;thsh; vd;id tprhhpj;jhh;/ rhl;rp

kPz;Lk;

jhd;

g[fhiu

kDjhf

vGjpbfhLj;jjhf

brhy;fpwhh;/ rhl;rp kPz;Lk; g[fhiu jhd; brhd;djhft[k;

mij

gp/rp/1833

vGjpajhft[k;

mjpy;

jd;Dila

ifbaGj;j ,Ug;gjhft[k; brhy;fpwhh;/ PW1 in his cross examination

deposed

as

follows:

(ehd;

bry;nghd; K:yk;

v!;/gp/ ehh;j;Jf;F

jfty; bjhptpj;njd;/ cah; mjpfhhpfs; clnd te;jdh;/

rk;gtk; ele;jt[ld; ehd; bfhLj;j Kjy; jfty; v!;/gp/

ehh;j; MFk; mjd; gpwF ,uz;lhtjhf v';fs; v!;/gp/aplk;

jfty; brhd;ndd;/ mthplKk; rk;gtk; gw;wp jfty;

brhd;ndd;/ K:d;whtjhf lhf;lhplk; jfty; brhd;ndd;

lhf;lh; tH';fpa fhar;rhd;wpjHpy; vdf;F bjhpe;j egh;fshy;

fhak; Vw;gl;lJ vd;w jfty; ,y;iy/

77

23. With regard to the complaint PW2 deposed in his cross examination as:

(ele;j rk;gtk; gw;wp ehd; Kjd; Kjypy; mhpah';Fg;gk; fhty;

epiyaj;jpy; ,Ue;j cjtp Ma;thsh; ghg[$paplk; GH-y; itj;J

brhd;ndd;. mt;thW ehd; brhy;Yk; nghJ ,ut[ 7 kzpapUf;Fk;/

ehd; brhd;d tptuj;ij mth; vGjpf; bfhz;lhh;/ PW3 in his cross

examination deposed as follows:

jhd; Kjypy;

Ghf;F

(rk;gtk; Koe;jJk; ehd; jdpahf

brd;nwd;/ ehd;

GH

brd;wt[ld;

lhf;lh; vt;thW rk;gtk; ele;jJ vd;gJ gw;wp vd;dplk;

nfl;lhh;/ me;j neuj;jpy; Fk;gypy; ,Ue;jth;fs; ahh; vd;W

bjhpahjjhy;. bjhpe;j eguhy; jhf;fg;gl;nldh> my;yJ

bjhpahJ eguhy; jhf;fg;l;nldh> vd;w tptuk; lhf;lhplk;

brhy;ytpy;iy/

24. In this regard PW4 in his chief examined deposed as follows: (,e;j

rk;gtk; nfl;L cUisd;ngl;il Ma;thsh; uFehafk;

mtuJ tz;oapy; vd;ida[k; bre;jpy;Fkhiua[k; oiuth;

Fkhiua[k; miHj;Jf; bfhz;L GH y; nrh;e;jhh;/ PW5 in his

cross examination deposed as follows: (rk;gtk;

ele;jjw;F gf;fj;jpy;

jhd; jtsf;Fg;gk; fhty; epiyak; cs;sJ/ rk;gtk;

ele;jJk; PC rk;gt ,lj;jpw;F te;jhh;/ rk;gt ,lj;jpw;F

78

jiyik fhtyh;fs; kw;Wk; nghyP!; mjpfhhpfs; te;jdh;

kw;Wk; me;j ,lj;jpy; itj;J tprhhpj;jdh;/ mth;fs; jhd;

v';fs; fhty; epiyaj;jpw;F jfty; bfhLj;jdh;/ eh';fs;

fhtYf;F fpsk;g[k; nghJ HC 1657 mth; jhd; bghWg;gpy;

,Ue;jhh;/ mth; jhd; ehd; bfhLj;j jftiy GD y; Entry

bra;jhh;/ jiyik fhty; mjpfhhp HC 1523 rptuhkd; jhd;

rk;gt ,lj;jpw;F te;jhh;/ eh';fs; bfhLj;j jftypd; nghpy;

mth; fhty; epiyaj;jpw;F jfty;

milahsk;

bjhpahj

brhy;yg;gl;lJ/

egh;fshy;

bfhLj;jhh;/ mjpy;

fhak;

Vw;gl;ljhf

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

information and identification of accused before and after registration of FIR

contradicts the very crux of evidence of Pws. The statement of PW1 to PW5 in

Ex.D11 and statement given to doctor and also the statement given to Thalsildar in

Ex.D9 after a day of registration of FIR also suggests no names of accused.

According to Investigation, Inspector Ragunayagam visited the scene place first and

started the investigation himself and also sent the injured police officers to G.H,

according to PW1. As per the statement of PW2 the statement which was recorded

by the police officer in G.H. Is Sub Inspector Babuji. But prosecution had

suppressed that statement in dead burial. According to PW3 the first statement was

given to the doctor in G.H. Puducherry and did not state any names, but says that the

vehicle was attacked by unknown persons. PW4 also deposed that the doers of the

crime are unknown persons only. Before the arrival of the Investigating Officer

PW122 and PW120 Lenin Bharathi, other higher officers arrived at the scene place

and started the investigation based on the information received by Orleanpet Police

Station. So the first information given to Orleanpet Police Station was suspressed

and the present Ex.P1 complaint was fabricated after proper discussion and decision.

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

tainted and perfunctionary and prejudiced. Investigation should not be suspicious.

JM-II denies police custody to the deceased at around 4.45 p.m., then deceased was

taken to Orleanpet Police Station were he consumed Alcohol that was shown in the

postmortem certificate and then he was moved to Karaikal. The fact that he was

denied police custody can be passed on to the doers only after denial of the police

custody and only the police officers who escorted knew that he was denied police

custody. It is contented that unless the information of the convey was passed by one

of the escort personals it would have not been passed by any others as suggested by

the prosecution. Further, the use of force vehicle was against the Pondicherry

Standing Order. The deceased a terrorist criminal who had imminent threat was to be

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;

b$fdhy; rpy ngh; ghjpf;fg;gl;Ls;sdh; PW2 admits b$fd;

82

kPJ gy tHf;Ffs; cz;L Mfnt mtUf;F gy vjphpfs;

cz;L. Pw1 further admits fhty; epiyaj;Jf;F cs;ns te;J

btoFz;L tPrp bfhiy bra;jjhy; 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

station

about

their

travel.

PW3

admits

ga';fu

Fw;wthspfis bfhz;L bry;tjhy; tHpapy; cs;s 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 driver’s 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:

(standing

order

y;

brhy;yg;gl;l

ve;j

epge;jida[k; ehd; gpd; gw;whky; Terror Accused 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; vd; kfdpd; bfhiyapy; rk;ke;jk; cs;sjhf

fUJfpnwd;

mjdhy;

rp/gp/I/

tprhuiz

elj;JkhW

nfl;Ls;nsd;/) . PW16 says Jagan himself doubted the role of police in

eliminating him and expressed his apprehension about the police to him. So it is

proved by the defence that the police have several reasons to foist the case on the

accused.

30. The prosecution has given much importance to the cellphone evidence.

Prosecution

has

examined

nearly

25

witnesses

related

to

various

cellphone

conversations. All of them turned hostile and did not support the prosecution case.

Prosecution has not filed any proof for the ownership of any cellphone or sim card of

that of any of the accused. The evidence of Nodal officer PW96 is of no use to the

prosecution. Mere marking of all details is not substantive evidence. No cellphone

was ceased from any one of the accused. Prosecution has marked the cellphone

details without establishing the facts of ownership/usage of any particular cellphone

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 ½ 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;/

vd;dplk; ,d;ndhth fhh; PY 01 AC 4466 ,Ue;jJ/ me;j

fhh; repair Mdjhy;. Mechanic if tu brhy;yp Mechanic k;

ehDk; tz;oia js;sp bfhz;L brd;nwhk;. mg;nghJ

fhtyh;fs; v';fis kwpj;J tz;oapd; Mtzk; nfl;ldh;.

Mdhy;

mg;nghJ

vd;dplk;

Mtzk;

,y;yhjjhy;.

tPl;ow;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;

rk;ge;jg;gl;ljhf brhy;yp mDg;gp itj;jdh;/ ,J 7-8-2012

md;W ele;jJ/ this unchallenged evidence of PW86 throws not only

considerable doubts, but also the falsity of the prosecution case.

91

35.

Whether the charge u/s 109 IPC is proved is the next point to be decided in

this

case.

In

order

to

prove

that

A1

abetted

offence,

in

order

to

prove

it

PW78/Karthikavani

the alleged owner for the mobile number which was used by

A1 for communication purpose is examined. She did not support the prosecution

case. She deposed as follow: I had no cellphone at any point of time. Mobile number

8056893673 does not belong to him. I did not give my election I.D. to anyone to get

the mobile number. PW43 deposed during cross examination that Ex.P58 and

Ex.P59 were seized from the female yard and the same was only in a visible position

when seized. PW91 turned hostile. PW115 deposed that he did not sent the statement

of call details covered in Ex.P113. the evidentiary value of these witnesses and the

documents marked through him are no way helpful to the case of prosecution. The

prosecution had not examined any witness or marked any document to establish the

fact that A2 was using any cellphone and through it he was instigating the accused to

act on his behalf. So section 109 IPC is also not proved in this case.

36. With regard to unlawful assembly, none of the occurrence witnesses have

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. With regard to the offence u/s

92

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/JM-

II 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 PY-

01-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.

The vehicle PY-01-BF-8255 –

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 12 th day of December 2014.

(S. MARY ANSELAM)

III ADDITIONALL SESSIONS JUDGE PUDUCHERRY

LIST OF WITNESSES EXAMINED FOR THE PROSECUTION:

PW 1

- Dt. 24-3-2014

R.Senthilkumar

PW 2

- Dt. 24-3-2014

R.Rajendiran

100

PW 3

- Dt. 24-3-2014

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