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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 12th 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

Puducherry
6.

Sundar @ Sakthivel (26) S/o


Muthukrishnan
Residing at No.:19, 1st Street, Sethilal
Nagar, Maduvapet, Lawspet,
Puducherry

7.

Jana @ Parimalazhagan (31) S/o Paruthi


Residing at No.:66, Periya
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, Kolathar Thoppu,
Roasiyarpet
Puducherry

13.

Anthony @ Anthonysamy (27) S/o


Iruthiyaraj
Residing at No.:63, Kolathar Thoppu,
Roasiyarpet,

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, 7th Cross, Dobikana,
Lawspet, Puducherry

18.

Johnpaul (21) S/o Chinnaparaj


Residing at No.:20, Palwadi 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

Charge against the accused

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
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

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-G9961 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 PY01-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.
Pleader for the accused

1.
2.

Prosecution conducted by

Tvl. T. Tirounavocarassou - A1,


A5, A8, A11, A13, A15,
A24 & A26
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

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

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-01X-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

object, due to prior enmity under the instigation of A1 and A2, A3 and A4 were in
possession of prohibited arms and used such prohibited arms in contravention of
section 7 of the Arms Act 1959, resulting in the death of Jagan @ Jagannathan @
Jayakrishnan and thereby committed the offence punishable under section 25(1-A)
and 27 (3) of the Arms Act 1959 r/w. 149 and 109 IPC and that, on the same day,
time, place and during the course of same transaction, in prosecution of their
common object, due to prior enmity under the instigation of A1 and A2, A3 to A7,
A10 and A14 attempted to cause death of injured R. Senthilkumar, SI of Police,
Thirumurugan, ASI of Police, Rajendiran, PC 1827, Nagarajan PC 2231 and Kumar,
Home Guard Driver No.1968 of Orleanpet Police Station using the country-made
bomb with such intention and knowledge that under such circumstances, had their
act and conduct caused death and thereby committed the offence punishable under
section 307 (5 counts) r/w. 149 IPC and 109 IPC and that, on the same day, time,
place and during the course of same transaction, in prosecution of their common
object, due to prior enmity under the instigation of A1 and A2, A3 to A6 by using
the country made bomb on Thirumurugan, ASI of Police, Rajendiran, PC 1827,
Nagarajan PC 2231 and Kumar, Home Guard Driver No.1968 of Orleanpet Police
Station and caused grievous injuries and thereby committed the offence punishable
under section 326 (4 counts) IPC r/w. 149 IPC and 109 IPC and that, on the same
day, time, place and during the course of same transaction, in prosecution of their
common object, due to prior enmity A3 to A24,A26,A29,A31, under the instigation
of A1 and A2 caused damages to the police escort vehicle bearing registration No.
PY-01-G-9961 using country made bombs and thereby deterred such public servants
from discharging their duty and caused simply injuries thereby the accused persons
committed the offence punishable under section 332 IPC r/w. 149 and 109 IPC and
that, on the same day, time, place and during the course of same transaction, in
prosecution of their common object, due to prior enmity A3 to A24,A26,A29,A31,
under the instigation of A1 and A2 caused damages to the police escort vehicle
bearing registration No. PY-01-G-9961 using country made bombs and thereby
deterred such public servants from discharging their duty and caused grievous
injuries and thereby the accused persons committed the offence punishable under

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section 333 IPC r/w. 149 and 109 IPC and that, on the same day, time, place and
during the course of same transaction, in prosecution of their common object, due to
prior enmity A3 to A24,A26,A29,A31, under the instigation of A1 and A2 caused
damages to the police escort vehicle bearing registration No. PY-01-G-9961 using
country made bombs and thereby deterred such public servants from discharging
their duty and thereby the accused persons committed the offence punishable under
section 4 of the Prevention of Damages to Public Property Act 1984, r/w. 149 IPC
and 109 IPC and thereby all the accused rendered themselves liable to be punished
u/s 148, 341, 302, 307, 326, 332, 333 IPC r/w 149 IPC and section 109 IPC and
section 3(a) of explosive Substance Act 1908 and 25(1)(AAA) and 27(1) of Arms
Act 1959 and u/s 4 of the Prevention of damage to public property Act 1984 r/w 149
IPC and section 109 IPC.

2.

On the appearance of the accused before this Court, I satisfied myself that

free copies of police records, on which the prosecution proposed to rely upon its
case, were furnished to them, as contemplated under section 207 of Cr.P.C. The
Public Prosecutor opened the case under section 226 of Cr.P.C. The defense counsel
was also heard. Charge u/s. 148, 341, 302, 307, 326, 332, 333 IPC r/w 149 IPC and
section 109 IPC and section 3(a) of explosive Substance Act 1908 and 25(1)(AAA)
and 27(1) of Arms Act 1959 and u/s 4 of the Prevention of damage to public
property Act 1984 r/w 149 IPC and section 109 IPC. were framed against the
accused, read over and explained to them in Tamil. When questioned with regard to
the substance of the charge, the accused pleaded not guilty and claimed to be tried.

3.

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On the side of the prosecution, to prove the guilt of the accused, P.Ws.1 to

122 were examined and Exs.P1 to P174 were marked and M.Os.1 to 100 were
marked.

4.

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 JMII has ordered to produce Jagan before court on the custody application, so he and
police team took Jagan from Karaikal and produced him before JM-II. In the
afternoon the police custody petition was dismissed, so they took Jagan to Karaikal
Jail again. He along with ASI Thirumurugan, P.C. Nagarajan, P.C. Rajendiran and
driver Kumar framed a team and took one 9 mm pistol and five live rounds and ASI
Thirumurugan also took one pistol and it was also loaded one and that day at 4.30
p.m. the police team along with Jagan started their journey in Force vehicle PY-01G-9961, that vehicle is M.O.1. While they were travelling from north to south and
when they reached near Chunnamber Bridge at the end of the bridge one bus was
stopped suddenly, the passengers got down from the bus and running here and there,
they tried to overtake that bus, at that time one Green colour Innova Car PY-01-AC4466 restrained them and was stopped opposite to them, that Innova Car is M.O.2.
From that car A3, A4, A5, A14, A6, A13 and A8 got down, they had knife and
country bomb along with them, some two persons who were standing behind the bus
ran towards them and A14 throw country bomb over the force vehicle, it fell on the
bonnet and burst, so they made preparation to attack them with pistol, at that time
A5 throw country bomb over the vehicle that also fell on the bonnet and burst. The
Innova car in which the accused came obstructed them from proceeding further, so
the force vehicle was in the middle of the bridge. The driver took the vehicle on the
reverse side and he asked Nagarajan to shoot. At that time A3, A4, A5, A10, A6,
A14, A19, A-, A21, A20 and A18 came from the crowd and threw country bombs.
So the driver took the vehicle behind, at that time another Innova Car dashed on the
back side of the vehicle and obstructed. He took his SLR and shoot four times,
Nagarajan took his pistol and he shot two rounds, then his pistol got stuck, so he
asked Nagarajan to shoot again, he told him his SLR was also stuck, so he received
the pistol from Nagarajan and shot twice, again it got stuck so all the accused person

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stood around the vehicle, A5 told them Police people are attacking them, so they
are to be killed then only they can kill Jagan and he threw a country bomb by
standing on the right side of the force van, in that attack Thirumurugan and
Rajendiran sustained injuries. The accused Iyyappan by standing on the right side
window threw a bomb on Jagan, that also burst, then all the accused threatened them
by saying we will throw country bomb, so he hid himself behind the seat and he
raised his head and found A3 and A4 coming inside the vehicle through the front
door and they cut Jagan with knife on his head and face again and again. Then they
shouted Jagan is no more and went away. Then he stand up and found the accused
running away from the spot in the Innova car and in the two wheeler. Due to that
incident there was traffic jam in that place, he looked into the vehicle and found
Jagan in a pool of blood and was dead. Driver Kumar was hiding behind the seat, he
stood up and told him that he is unable to hear voice, the driver Kumar was holding
his chest and blood was oozing from the left eye of Rajendiran, blood was oozing
from the right hand and leg of Thirumurugan. He told him that he was unable to
walk and unable to hear. He asked them about the incident and they told him that
Stephen, Kula Magesh have involved in the occurrence. They had knife and bombs.
Some two years prior to the occurrence the deceased Jagan and the first accused
quarreled with each other and Jagan cut the fingers of A1. With regard to that a case
is registered at the Kalapet Police station, so due to that incident this occurrence had
happened. Further, there was some enmity between the deceased Jagan and A2 in
connection with loading and unloading and sharing of income from that. Since there
was enmity between Jagan and Karuna as per the order of the High Court only he
came to attend his daughter's marriage through Parole. In order to avoid Jagan from
killing them A2 also involved in the occurrence. Further, during the occurrence time
A1 and A2 were in the Jail in a single cell, due to their conspiracy only the
occurrence had happened. After the occurrence, he is unable to hear through his both
ears. All the injured were taken to government general hospital, while undergoing
treatment he gave a statement to the Thavalakuppam Inspector, the circle Inspector
also examined him. Then he had stated that he gave a written complaint, then again
he said that he gave an oral complaint and it was written by P.C. 1833 and he put his

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signature in it. The complaint is Ex.P1. He handed over his blood stained white shirt
and Jeans pant to the doctor, he was again questioned by Inspector on 12.08.2012.
During that further investigation he told the Inspector that Jagan told him that he had
danger from A1 and A2.
PW2/Rajendiran deposed that during the occurrence he was working in the
Orleanpet Police, so he had occasion to see A1 and A2. Veerayan
and Kazhuva Senthil while taking them to the court. On 08.08.2012 Jagan was
formally arrested and was produced before JM-II . JM-II ordered him 15 days
remand. So on 10.08.2012 they took Jagan from Pondicherry Jail and produced him
before JM-II in connection with the police custody petition. The police custody
petition was dismissed and so they were ready to take him to Karaikal Jail. So
PW1/SenthilKumar, Nagarajan, Rajendiran and Jagan went inside PY-01-G-9961
and it was driven by Kumar, for the safety PW1 had pistol and P.C. Nagarajan also
had pistol. On that day at 3.45 p.m. they were crossing the Chumnabar Bridge from
north to south and at that time a crowd came and it stopped the bus, so they tried to
overtake the bus on the right side, at that time one Innova Car came and obstructed
their vehicle. A7, A17, A15, Stephen, Vanarapet Magesh, Alex, Thandapani, Sankar,
Moorthy and 20 others armed with knife and country bombs came from the crowd
and tries to attack them. Arun took a country bomb and throw it on the van and it fell
on the bonnet and burst, the passengers in the bus came down and were running here
and there. Sathish also threw a country bomb, so driver took the vehicle in the
reverse position, the crowd came towards them, while their vehicle was coming
reverse it dashed against another Innova car, while the vehicle was coming reverse
PW1 and P.C. Nagarajan shoot. In the crowd Susai, Moorth, Iyyappan were found,
they shouted if the police were killed then only they can kill Jagan, by saying
Sathish threw a bomb, it fell on him. A6 threw a bomb on him and it fell on his left
eye, so he closed his eyes with hands, another bomb fell on Jagan and he had fallen
from the seat. Then he turned inside and found Iyyappan was stabbing Jagan with
knife again and again. Then he shouted by saying Sethupo and went away. Jagan
was found dead. PW1 was holding his ears and chest. Nagarajan was closing his

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ears, so he got down from the van and at that time P.C. Sakthivel came there and he
took him to the hospital. While reaching the hospital he fell down unconcious then
he was taken to Madras for further treatment. He was in G.H. for two to three hours.
There was some quarrel between Manikandan and Jagan before the occurrence and
in that incident Jagan cut the fingers of Manikandan, so there was enmity and due to
that the occurrence had happened. The accused prevented them from doing their
work and caused damage to the government vehicle, so he gave a complaint to PW1,
due to the incident he lost vision in one of his eyes and he has lost hearing in one
ear. The accused Iyappan, Sothi Manikandan, Sathish @ Ravi, Vanarapet Magesh,
Maduvapet Magesh, Raja, Alex, Moorthy, Murali, Mathiyas, Susai, Selvam,
Tamilselvam were available before court.
PW3/Thirumurugan deposed that since he was in the police department for 23
years the accused are known to him. A1 and A2 and his associates were known to
him. On 26.07.2012 the accused group threw country bomb on the house of
Narasimha Patel and Cr. No.:218/2012 was registered. Jagan was inside the jail,
since he got life imprisonment in Cr. No.:101/2004 and he was in Karaikal jail. On
08.08.2012 he was formally arrested and produced before JM-II. As per the order of
JM-II he was put in Kalapet Jail and they filed a petition for police custody. Then
again on 10.08.2012 the police custody petition was dismissed at 2.00 p.m. and he
was ordered to be kept at Karaikal jail, so PW1. P.C. Nagarajan, Rajendiran along
with Jagan started their journey at 3.45 p.m. in blue colour force vehicle PY-01-G9961 and it was driven by Kumar. He took the pistol and loaded three rounds, Sub
Inspector Senthil Kumar also took a pistol with five rounds, Nagarajan loaded 10
rounds in his SLR. While, they were going on the Chumanber bridge at 4.15 p.m. the
bus which was going in front of their vehicle was suddenly stopped. A crowd was
standing near the driver of the bus and accused Tamil, David, Chella @ Selvam,
Oosi @ Tamilselvam threatened the bus driver by showing knife. They tried to
overtake the bus at that time PY-01-AC-4466 Innova car came and obstructed them,
From the Innova car and from the crowd A11, Raja, Mathias, Johnpaul, Sothi
Manikandan, Sathish @ Ravi, Iyappan, Dandapani, Arun came with knife and

17

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

18

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,

19

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

20

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.

21

PW8/Rajaram deposed that he is working as driver in Panimalar bus, he used


to go for 8 trips per day. Some 1 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.

22

PW11/Suresh Babu deposed that he was working as driver in NRM bus along
with Ragavan. On 10.08.2012 they started the journey from Chennai to Thirunallar
along with PW10 his wife and children the Reg. No.: is TN-21-AA-3336 at about
4.00 p.m. while they were crossing Chunaber bridge one blue colour police van was
going before them. At the end of the bridge he heard a loud noise and crowd was
chasing the police van, so they all got down from the car, at that time police van
dashed against his vehilce on seeing the crowd he ran away from there. On
12.08.2012 he along with Ragavan went to Thavalakuppam Police Station and
showed the vehicle to RTO and returned home.
PW12/Sivaraman deposed that on 10.08.2012 at 4.15 p.m. he and his friend
were travelling in a two wheeler, it was driven by Sakthivel and he was the pillion
rider. When they went near the Chunaber bridge the crowd was found there. Police
obstructed him from going further. Somebody was cut and bombs were thrown is the
news heard by him, so he went away from that place. In that place blue colour force
vehicle was found.
PW13/Natarajan deposed that he was working as driver in the load carrier
vehicle on 10.08.2012 at 4.30 p.m. in order to load the vehicle he went to Kannikoil,
while he was reaching chunaber bridge there was traffic jam, he came out and
enquired it was told that one person was dead in a bomb blast. He found blue colour
police van, some people were injured, he looked into the police van and found dead
body on the last seat.
PW14/Dayalan deposed that he was working as Security. He had not seen the
occurrence and turned hostile.
PW15/Radhakrishnan deposed that his elder son is Jagan and second son is
Raja. Jagan was given life imprisonment in a case registered by Mudaliarpet Police
Station. During the occurrence time he was in Karaikal jail. He used to give an

23

application to see his son in the jail. Before the occurrence he went to see Jagan in
Karaikal Jail, his son was found in depressed condition. He asked him for the reason,
he told him that there was danger to his life by Manikandan and Karuna. Then he
went home. Some 2 years before the occurrence he was taking treatment in the
hospital, at that time one person contacted him, through telephone and told him
Jagan was dead. Since he was feeling unconcious he did not go there. Then he went
to the Government hospital, the dead body was found in Mortuary. He identified the
dead body to the police. No injury was found on the dead body, but there was injury
on the head. The R.D.O. and Collector questioned him at the hospital. He was
questioned by the Judicial Magistrate also. He sent letter to the Chief Secretary and
the xerox copy of that letter and other documents are Ex.C1 series.
PW16/Jayamurthiraja deposed that PW15 is his father. He is working as Head
Constable in Indian Reserve Batallian. His elder brother is Jagan. On the date of
occurrence he was in Puducherry ground attending parade, at that time it was
informed to him that a bomb blast had happened at the orleanpet police station limit.
A day before the occurrence he had seen Jagan at the court when he was brought for
another case. He asked Jagan why he was creating problem for that Jagan told him
that he has done nothing and false case were registered against him. Some two to
three months before he went to Karaikal Jail to see Jagan, at that time his father
asked Jagan why he was sad for that Jagan told that he had danger from Manikandan
and Karuna and he further told that that while he was brought to court they are going
to do something serious and so he was afraid of them. On 09.08.2012 near the
Puducherry court Jagan had seen accused Dandapani, Jana, Iyyappan, Susai, Magesh
and their friends. Since there was police escort nothing will happen is the reply given
by him to Jagan for that Jagan told him that the police people are helping
Manikandan and Karuna and they are their persons, then he was taken to police
station. On hearing the news that the police vehicle was damaged due to bomb blast
he had doubt that Jagan might be dead in that occurrence. So he contacted them
through telephone and it was informed that the dead person was Jagan. He handed
over the riffle and went to the scene place, at that time Jagan was taken to G.H., then

24

he went to G.H. in the evening, since his head was broken into pieces, he is not able
to see him.
PW17/Baranitharan deposed on 10.08.2012 while he was catching fish at the
Chunaber bridge at about 4.00 p.m. he heard a sound of bomb blast, He was in the
old bridge, but the sound was heard in the new bridge. He found smoke from the
police van. Some 20 persons were found there, he went inside the van and found
somebody dead. Who are the persons in the crowd is not known to him. Then he
went to G.H. there it was informed to him that Jagan was murdered. Father of Jagan
and his brother was found there. Iyyappan had thrown bomb and killed Jagan is the
news heard by him. No inquest was done before him and he was not questioned
before Panchayatars and turned hostile.
PW18/Surya deposed that on 10.08.2012 at about 4.00 p.m. he went in the
Panimalar bus, when the bus reached Chunaber bridge PY-01-AC-4466 car
obstructed the bus a person who got from the car threatened the passengers in the
bus, at that time blue colour van came behind the bus on seeing the police van crowd
ran towards the van and threw country bomb. That van came behind and dashed a
Innova Car, at that time some 10 persons came in their motorcycle broke the glass
window in the van, two person went inside the van after sometime they all ran away
from that place. On 11.08.2012 he went to the mortuary, inquest was done at 1.00
noon, it continued for 2 hours for the postmortem. Body was handed over. When
he enquired he was told that there was enmity between Jagan and Manikandan and
his associates. Iyyappan killed Jagan. Among the accused the name of Iyyappan,
Soothi Magesh, Jana names were known to him other persons names were not
known to him. The named three persons were available before court and he turned
hostile.
PW19/Krishnamoorthy deposed that he is working as Police Constable in the
Katterikuppam Police Station. On 10.08.2012 he came home for taking food in is
motorcycle and at that time near Nonakuppam boat house the accused Suresh,

25

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.

26

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 26th 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 2nd 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

27

followers of Jagan beat the driver and not allowed them to unload the cement bags.
But no complaint was received in that. On 05.06.2012 Karuna asked for Parole in
order to attend his daughter's marriage. Since there was danger to his life he gave
objection for the parole petition. Then the supporters of Jagan threatened the J.K.
Bus owner and Lakshm saw mill owner by demanding money and burnt the bus and
saw mill for that Cr. No.:163/2012, 149/2012, 104/2012 were registered and they
were pending before court. On 19.08.2012 he had identified the loading and
unloading Sangam name board and took photo of that. The parole request given by
A2 is Ex.P7. The objection given by him is Ex.P8. As per the order of the High court
on 21.06.2012 he came home through escort parole. The loading and unloading
society name board photograph are M.O.5 series and C.D. Is M.O.6.
PW30/Sivakumar deposed on 11.08.2012 at about 5.00 p.m. he had arrested
accused Manikandan, Mathiash, Tamil, John Paul, Tamilselvan at Madagadipattu
lucky bar in connection with this case and handed over them before Circle Inspector.
His special report is Ex.P9.
PW31/Anandaraj deposed that during the occurrence he was working as
system operator in the Ultratech cement, the accused are not known to him. He had
not seen the occurrence, the society is also not known to him. For loading and
unloading commission was paid to lorry driver is not known to him. He had no
knowledge about the Nethaji Subachandra bose Loading and unloading society.
Kadiravan was working in their factory as manager, he had not informed him
through telephone that some problem is found in their godown. He had not taken any
injured to the hospital and turned hostile.
PW32/Prabagaran deposed that on 11.08.2012 he went to G.H. Along with
his friend Jayakumar inquest was conducted before them. After postmortem the
dress of the deceased were seized, blood stained torn pieces of baniyan M.O.7,
Blood stained socks (2)- M.O.8, foot skin shoe M.O.9., Pocket comb M.O.10. , full
hand shirt M.O.11. Sandal colour pant M.O.12., blood stained jutty M.O.13.,

28

black colour manimalai with Uthrasham M.O.14, blood stained ear stud M.O.15
were seized under the siezure mahazar.
PW33/Sivaraman deposed that he is working as VAO. On 11.08.2012 as per
the order of Tashildar Ramesh he and VAO Kumar went to Thavalakuppam Police
Station Inspector Palanivelu he had arrested five persons and they are going to give
confession and called them to stand as witness. A4, Soothi Manikandan, Mathiyas,
Minor Selvam @ Lourdsamy, John Paul, Tamilselvan gave confession, among
them four persons were available before court. Selva @ Lourdsamy is not available
before court, all the five persons were questioned by the inspector one by one they
told the inspector that they are willing to show the vehicle and the weapon. The
admissible portion in the confession of A4 is Ex.P10, the confession of A12 is
Ex.P11 the admissible portion in the confession of A18 is marked as Ex.P12. The
admissible portion in the confession of A25 is marked as Ex.P13. He and Kumar put
their signature in it. On the next day at 2.15 a.m. The car was found near the
Kandamangalam Police Station. It was identified by all the four accused. Inside the
car there was blood stained Patta Knife, there was two blood stained Pattaknife, they
were seized in the seizure mahazar, that car is Innova Car PY-01-AC-4466. The
knife seized from them is M.O.3. and M.O.4. Then on 18.08.2012 he and Kumar
went to Thavalakuppam Police Station and four persons were arrested and kept
there. A3, A8, A6 and A14 gave confession before them. They also told the
inspector that they are ready to hand over the weapon. The admissible portion in the
confession of A3 is marked as Ex.P14. The admissible portion in the confession of
A6 is marked as Ex.P15. The admissible portion is the confession of A8 is marked as
Ex.P16. The admissible portion is the confession of A14 is marked as Ex.P17. On
17.08.2012 they took them to Tindivanan railway parking and they identified the
motorcycle. A3 identified TVS Appachi vehicle, A6 identified black colour pulsar,
A8 identified black colour Pulsar, A14 identified Red colour Pulsar, those vehicle
were seized in the seizure mahazar, then they took them to the Thirukanchi
Odiampet road and identified the hidden country bomb and Veechuaruval. A3 and
A4 identified the country bomb, A6 and A8 identified the Veechuaruval, they were

29

seized in the seizure mahazar form. The motorcycle were available before court TVS
Appachi M.O.16, Black colour pulsar M.O.17, another pulsar M.O.18, red
colour pulsar M.O.19. Veechuaruval seized by the Polie is M.O.20 and M.O.21.
PW34/Managatti deposed that on 18.08.2012 as per the order of the Tasilhar
he and VAO Manikam appeared before Ariyankuppam Inspector at about 6.00 p.m.,
some four persons were in the police station they are Susai & Susairaj, Sathish, Jana
@ Parimalazhagan, Raja @ Pookaraja. Susai gave confession and told the inspector
that he is ready to hand over the weapon, the admissible portion in his confession is
Ex.P27. Sathish gave confession and told the Inspector the he is also ready to hand
over the weapon and the admissible portion in his confession is Ex.P28. Jana gave
confession and told the inspector that he is ready to hand over the weapons and the
admissible portion in his confession is Ex.P29. Raja gave confession that he is
willing to identify the weapon and hand over them, the admissible portion in the
confession is Ex.P30. On 19.08.2012 at about 8.00 a.m. they went along with
Inspector and the accused went to Tindivanan railway parking and Sathish @ Ravi
identified one motorcycle Passion Pro and it was seized under Ex.P31 that
motorcycle is M.O.22. Then they went to the bushes near Iyyappan temple and Susai
handed over one bomb, it was seized under Ex.P32. Then Sathish identified one
bomb, it was seized under Ex.P33. Then Jana handed over one knife from the bush
and was seized under Ex.P34. The knife which was seized from there is not available
before court. Raja @ Pookaraja from behind the bush had taken one knife and
handed over it and that knife is also not available before court. Then they all came to
Chunnambar bridge and susai informed about the manner of occurrence, then they
went to Achariya School and near that place they have informed him about the
manner of bomb blast by way of exploding the country bomb. Then the exploded
pieces were seized, then sample soil and the exploded soil were seized, the remnant
of the country bomb is Ex.P35. The sand taken from the place is Ex.P36 and near
Acharya school photos were taken to show the recovery place, those photos are
M.O.23. Series. C.D. Is M.O.24, photos taken near Nonankuppam bridge is M.O.25
and CD is M.O.26. On 05.09.2012 as per the order of the Tasilhar they went to the

30

police station again, accused Jackson was found there. He and VAO Dayalan went
and on that day Jackson gave confession before them and told the inspector he is
ready to identify the weapon. The admissible portion in his confession is Ex.P37.
Then Jackson took them to his house at Franchuva ground and handed over TVS
Appachi motorcycle, it was seized under Ex.P38. That motorcycle M.O.27. On
14.09.2012 they went to Thavalakuppam Police Station, one Moorthy was found
there, he also gave confession, he also told the Inspector that he is willing to hand
over the weapon, the admissible portion in his confession is Ex.P39. Then on the
next day at 9.15 a.m. they went to the police station then they went to green park
from the bushes one aruval was identified by Moorthy, it was seized in the seizure
mahazar Ex.P40 and M.O.28.
PW35/Sivabalan deposed that he is working as VAO on 21.08.2012 Tahisldar
Mathi informed him through telephone to go to Thavalakuppam Police Station, so at
5.00 p.m. he went to the Police Station, there accused Anthonysamy, Magesh @
Kulla Magesh, Dileep, Murali and Sankar were found. Anthonysamy gave
confession and he told the inspector that he is ready to hand over the weapon. The
admissible portion in his confession is Ex.P41. Then Magesh gave confession and he
also told the Inspector that he is willing to hand over the material objects, the
admissible portion in his confession is Ex.P42. Then accused Dileep gave the
confession, he also told the inspector that he is willing to hand over the material
objects, the admissible portion in his confession is Ex.P43. Then Murali gave the
confession, he also told the inspector that he willing to hand over the material
objects, the admissible portion in his confession is Ex.P44. Then accused Sankar
gave the confession, he also told the inspector that he is ready to hand over the
material objects, the admissible portion in his confession is Ex.P45. The confessions
were recorded by the typist, which was told by the Inspector. All the accused put
their signature in the confession, then he and Mathis put their signature in it. On
28.08.2012 at 8.00 a.m. He and Mathi went to the Thavalakuppam Police Station,
then all the five accused and Mathi and police party went to Abishegapakkam
graveyard and the accused Anthony identified one Veechuaruval which was hidden

31

near the bush, it was seized under Ex.P46. The knife is M.O.27. Then accused
Magesh also handed over one knife which was seized under Ex.P47 and knife is
M.O.30. Dileep also handed over one knife which was taken from the bushes and it
was Ex.P49 that knife is not available before court. Accused Sankar handed over one
knife which was hidden in the bushes, it was seized under Ex.P50 that knife is
M.O.32. He and Mathi put their signature in all the seizure mahazars.
PW36/Kirubagaran deposed that he is working as VAO, on 23.08.2012
Tahisldar Ramesh asked him to go to Thavalakuppam Police Station. He and
Vazhumuni VAO went to the police station at 7.00 p.m. there accused Stephen,
Danadapani, David, Alex, Bima @ Sathish were found. Stephen voluntarily gave
confession, then Tamil and David gave confession, then Alex gave confession, they
all told the Inspector that they had hidden the material objects in a place and they are
willing to hand over them to the police. The admissible portion in the confession of
Alex is Ex.P51, the admissible portion in the confession of Gnanavel is Ex.P52. The
admissible portion in the confession of Bima @ Sathish is Ex.P53. Then on the next
day at 11.00 a.m. They went to Abishegapakkam Tea company and from Thamarai
Kulam accused Alx had taken a knife and it was seized in the seizure mahazar
Ex.P54 and knife is M.O.33 the accused Gnanavel took them to the place were the
explosives were hidden and from his house he handed over 100 gms explosive and it
was seized under Ex.P55. Then some two house away from his house the house of
Sasikumar was found Sasikumar went inside the house and handed over 100 gms of
explosives, it was seized under Ex.P56. He and Vazhumuni put their signature in the
seizure mahazars.
PW37/Jothiraman deposed that on 10.08.2012, he went away from the
manure shop at 3.00 p.m., so he had not seen the occurrence, then he came to the
shop only on 13.08.2012 and turned hostile.
PW38/Kumar deposed that he is working in Ultratech cement company as
Clerk, and in the office cement bags loading and unloading was done. Witness

32

Karthik, is also working in their company. Nobody was attacked inside their
company. The accused Karuna and deceased Jagan are not known to him. Nobody
has threatened him and turned hostile.
PW39/Kathiravan deposed that he is working as clearing agent in the
Ultratech cement company. Nobody has threatened them by demanding Mamul,
while loading and unloading, nobody had created any problem and turned hostile.
PW40/Jesudass deposed that he is running workshop. Nobody has put their
car in his workshop and turned hostile.
PW41/Moorthy deposed that he is running a workshop, nobody has parked
his car near his workshop and turned hostile.
PW42/Sadasivam deposed that he is working as crane operator, he is running
workshop at Thiruvandarkoil. Workshop of Jesudass was some four kms away from
his workshop. Who parked his car near his workshop is not known to him and turned
hostile.
PW43/Sivasubramanian deposed that he is working as RL at Pondicherry.
While, he was working in Yanam, Yanam Tasildhar informed Silambarasan and
Rashid to go to the police station and stood as witness. So on 18.10.2012 at 1.00
p.m. they went to the Yanam police station, A1 and A2 were found there, Inspector
questioned A1 and he voluntarily gave confession. He told the inspector that his
cellphone No.: 8056893673 and voter I.D. Which was used for getting the phone
connection is placed in his cell and is ready to hand over it. The admissible portion
in his confession is Ex.P57. So they all went to Yanam jail and in a notebook the
voter I.D. was found and it was handed over by A1. It was seized by the Jail
Superintendent in a Mahazar which is Ex.P58 and voter I.D. Xerox is Ex.P59. Then
at 3.00 p.m. police questioned the second accused he also gave the confession. Then
they all returned to the police station.

33

PW44/Ram deposed that he is working in Kerala. The accused are not known
to him. Whether they had conspired is not known to him. Nobody has given him the
object and asked him to keep it safely and turned hostile.
PW45/Kumar he is working as master in hotel. The accused are not known to
him. The accused Iyyappan is also not known to him. Who went inside the house of
Iyyappan and whether anybody handed over anything to police is not known to him
and turned hostile.
PW46/Shanmugam deposed that he is working as executive in the India
Tobacco company, he had not seen PY-01-AC-4466 car, he had not seen that car,
motorcycle and the assembly of 20 persons. After the police van crossed him, the
unlawful assembly also went away is also not known to him. It is not known to him
that Jagan was murdered and turned hostile.
PW47/Sreenuvasan deposed that he is working as watchman. He had not seen
PY-01-AC-4466 Innova car, he has not seen that car, motorcycle and assembly of 20
persons. He had not seen the police van coming from Pondicherry, whether Jagan
was murdered is not known to him and turned hostile.
PW48/Tamizh deposed that he is doing centering work. He had not seen PY01-AC-4466 Innova car. He used to come to Pondicherry for his case there, that time
he had not seen accused Susai, Iyyappan and Jackson and John Paul, moorthy
Dandapani. Whether Jagan was murdered is not known to him and turned hostile.
PW49/Chandar deposed that the accused are not known to him. He is running
a saw mill opposite to the court. PY-01-AC-4466 Innova car and motorcycle and 20
person had not assembled before his saw mill. Nobody has assembled in the court
complex or before his shop and turned hostile.

34

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.

35

PW57/S. James Sundar @ Shyam deposed that the accused Dandapani is not
known to him. He used to bring his Innova car for service with the No.:PY-01-AC4466. His cellphone Number is 9791854023. The cell number of Dandapani is
9894948814. On 08.08.2012, Dandapani contacted him through phone for doing
service to his car. He asked to put that vehicle and sent it back. He had no
knowledge about the occurrence.
PW58/M. Mohamed Ibrahim deposed that the accused Dandapani is not
known to him. Witness Murugan and Devayani are not known to him. His cellphone
number is 9043474633. He did not give his phone to anybody. He never gave his
phone to Dandapani. Whether Dandapani is available before court is not known to
him and turned hostile.
PW59/S. Jayaseelan deposed that Ravi @ Sathish is not known to him.
Whether he is available before court is not known to him. By way of seeing the I.D.
He never got a phone connection to Ravi. He was questioned by police and turned
hostile.
PW60/S. Tamilarasan deposed that the accused Sundar is not known to him.
Whether he is available before court is not known. Cellphone number of Sundar is
not known to him. He never talked to Sundar and turned hostile.
PW61/M. Murugaiyan @ Agamai deposed that the accused are not known to
him. The accused Sundar is not known to him. Sundar never asked him to arrange
for a Sangam and he had cellphone number 9994474576 and 9500837119.
Cellphone number of Sundar is not known to him. He never received any call from
7708551181 and turned hostile.
PW62/K. Raja deposed that the accused Sundar is not known to him. His
owner name is Basha, his uncle name is Sukumar. He had cellphone number
9566951901. Sundar never used to call him through phone and turned hostile.

36

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.

37

PW69/S. Ravikumar deposed that the accused Sathish @ Ravi is not known
to him. The accused are not known to him. His cellphone number 9688625681 and
turned hostile.
PW70/B. Thomas deposed that the accused Jana @ Parimalazhagan is not
known to him. He had liquor habit, he never gave his I.D. to anyone to get phone
connection. Whether anybody used his I.D. and obtained sim card is not known to
him and turned hostile.
PW71/K. Vengatesan deposed that the accused Jana @ is not known to him.
Where he is living is not known to him. He had no cellphone connection. Nobody
contacted him or his wife through cellphone. With regard to the chit transaction,
nobody contacted him through phone and turned hostile.
PW72/G. Gowthamy deposed that she is working as Nurse. The accused Ravi
is not known to her. She had no cellphone. The accused are not known to her. She
never gave cellphone to the wife of the accused or accused and turned hostile.
PW73/S. Anand deposed that the accused Murali is not known to him.
Cellphone number is 9360232990 and turned hostile.
PW74/Moorthy deposed that the accused are not known to him. Some three
years before the occurrence, he pledged his Hero Honda Passion motorcycle with
Kandiban and obtained Rs.15,000/-, the registration number of his vehicle is PY-01AG-8886, then he pledged that vehicle to Solamen for Rs.10,000/- and then he had
never seen Solamen and it was informed to him that his vehicle is involved in the
occurrence. He was not questioned by police.
PW75/M. Mullaiventhan deposed that he had cellphone at the time of
occurrence, he had forgotten its number. The present cellphone number is
8098340767. The accused Jana @ is not known to him. He contacted him through

38

his cellphone, he asked him by telling whether you are that person and for that he
said no and so he cut the connection and turned hostile.
PW76/V. Ravishankar deposed that he had a Innova Car and its number is
PY-01-AC-4466, he sold that vehicle to Elumalai in the year 2011. The R.C. Was
transferred in his name. It was told to him that Innova car was used in the
occurrence.
PW77/T. Kalavathi deposed that she had lost her cellphone some four years
before. She gave that cellphone to her daughter, she was studying in college, its
number is 848999413. Then it was informed to her that cellphone was used by Bima
@ Sasikumar
PW78/E. Karhtigavani deposed that she had no cellphone. Cellphone
8066893673 does not belong to her. She never gave her I.D. to anybody to get phone
connection and turned hostile.
PW79/G. Lingeshwaran deposed that on 01.09.2012 at 5.00 p.m. he went to
the Uppalam Elipad ground. Some four bombs were kept there, bomb squad
exploded them before him. The exploded objects, small stones, balrus, thread, paper,
nails were seized under Ex.P60. Then the portion of the bomb, black colour nail,
thread, balrus, paper were M.O.34 series. He put his signature in the seizure form.
PW80/R. Krishnamoorthy deposed that he used to park his motorcycle in the
Railway motorcycle parking at Tindivanam and from there he used to travel by train.
On 18.8.2012 at 11.00 p.m. he went to the Railway station parking and enquired the
vehicle supervisor and it was informed to him that police seized his vehicle in
connection with this case. His vehicle is PY-01-BF-8255, then he contacted the
parking owner through cellphone, he informed him to contact Thavalakuppam
police, so he went to police station and they enquired him and asked him whether he
had given his vehicle to anyone of the accused. He said no then they perused his

39

documents and sent him back. On 29.09.2012 he went to the police station and they
told him that vehicle is also involved in the occurrence and asked him to get the
vehicle back from court.
PW81/M. Nagaraj deposed that it was informed to him that Jagan was
murdered, so he went to G.H. Nobody was allowed to go inside. Police obtained his
signature, he had not seen the dead body, he had not given any opinion about the
death of Jagan. Individual summons were served to him. He put three or four
signature. Inquest report is Ex.P61, summons is Ex.P62 and turned hostile.
PW82/N. Soundarajan deposed that on 10.08.2012 he went to the scene place.
He was not allowed to go near the place by the police. Jagan was found dead inside
the police vehicle. On 11.08.2012 he went to G.H. He was served with summons.
Ramakrishnan also received the summons. Cut injury were found on the dead body.
His signature in the summons is Ex.P63. Signature in the inquest report is Ex.P64.
He did not give any opinion about the death of Jagan and turned hostile.
PW83/B. Ramakrishnan deposed that on 10.08.2012 at 6.00 p.m. he had
received news that Jagan was murdered. On the next day he went to G.H. Police
asked him to stand as Panchayatar. Cut injuries was found on the head of the dead
body. From 1.00 p.m. till 4.00 p.m. inquest was conducted. During the inquest he
told the police that bomb and knife are used for causing injury to Jagan and that is
the reason for the death. Inquest report is Ex.P65. His signature in the summons is
Ex.P66.
PW84/Sheriban deposed that he had a pulsar motorcycle and its registration
number is PY-01- P - 0718, He purchased that motorcycle by getting loan. He used
it for three months and then sold it to Solamen, its loan due were paid by Solamen.
Then it was informed to him that vehicle was involved in this case.

40

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

41

latter. He handed over the case bundles to Velaiyan. Then it was brought to his
knowledge that case ended in acquittal. On 10.08.2012 he came to know that in the
murder of Jagan, Murder Manikandan was also involved. On 27.08.2010
Ariyankuppam Inspector questioned him and he told him that there was previous
enmity between the deceased Jagan and accused Manikandan.
PW89/V. Sivakumar deposed that he was working as VAO. On 11.09.2009 as
per the order of Tahisldar Ramesh at about 10.30 a.m. He and Dayalan went to the
police station. Accused Maduvapet Magesh was there, but he identified Mathias as
Maduvapet Magesh, police questioned him before them he gave confession and told
them that he is willing to hand over the material objects. The admissible portion in
his confession is Ex.P68. On that day at 1.00 p.m. he took them to Achariya and
handed over one knife, it was seized under seizure mahazar, that knife was already
marked as M.O.21. On 08.10.2012 at 2.30 p.m. he and Dalayan went to the police
and accused Sudhagar was there he also gave confession and told them that he is
ready to hand over the material objects, the admissible portion in his confession is
Ex.P69. On that day at 6.00 p.m. the accused took them to Vanarapet Gop thope
were his house is situated, in his house near the bushes he had taken one knife and
handed over to the Inspector, the knife is M.O.35. and the seizure mahazar is
Ex.P70.
PW90/S. Srinivasan @ Ravisankar deposed that on 13.08.2012 as per te
requisition of the Ariyankuppam Police Station, he had examined one Tempo
traveller PY-01-G-9961 and Innova Car TN-31-AA-3336. Head light of the Tempo
traveller was broken. He had seen 18 damaged, the Innova car had 7 damages. His
report is Ex.P71.
PW91/S. Kabilan deposed that on 17.10.2012 Thavalakuppam Inspector had
formally arrested Karuna and Manikandan. Both of them refused to put their
signature in it, then the Inspector went away. On 18.10.2012 a petition was filed for
police custody at Yanam court, so they were taken for custody from the Yanam Jail

42

and both the accused were handed over to him at 4.45 p.m. Inspector had checked up
those two persons, whether he had received the sample signature from the accused is
not known to him. Then Inspector obtained their signature for receiving voter I.D.
and he turned hostile.
PW92/Dr. R. Kamalraj deposed that on 18.08.2012 while he was working in
G.H. The accused Susairaj was brought by P.C. 2420 before him at 5.30 p.m. He
told him that while throwing bomb over the van glass pieces from the van caused
injury on his left leg and he had sustained injury on 10.08.2012 at 4.00 p.m. near
Chunaber bridge. There was a small injury on his left leg and blood was oozing from
the injury, that injury is simple in nature. The wound certificate is Ex.P73. Then the
Ariyankuppam police Inspector gave a letter containing certain questions. On
10.09.2012 for the first question he answered that the injury are possible at the
alleged time of occurrence for the second one he answered that the injury are
possible within 7 to 15 days and letter given by the Inspector is Ex.P74. His
answered is Ex.P75. On 18.08.2012 at 5.30 p.m. Sathish @ Ravi was brought by
P.C. 2420 for treatment. He told him that on 10.08.2012 at about 4.00 p.m. while
throwing bomb over the vehicle a glass piece from the vehicle caused injury on his
abdomen and rotten small injuries are found on his front abdomen, those injuries are
simple and wound certificate is Ex.P76. On 10.09.2012, Ariyankuppam police
Inspector asked him certain questions with regard to the injury, that questions paper
is Ex.P77 and his reply is Ex.P78. For the first question he told him that the injury
are possible on the date alleged by him, for the second question he told him those
injuries are possible 7 to 15 days prior to his seeing.
PW93/Dr. K. Kandhan Nagraj deposed that on 23.08.2012 at 19.18 hrs Alex
@ Karupu Alex was brough through P.C. 1523, he told him that he had sustianed
injuries on his left leg thumb by a broken glass piece. On 10.08.2012 at 16.15 hrs at
Chunnambar bridge he had seen the injury measuring 2x2 cms on his left leg thumb,
the injury is simple in nature. The certificate issued is Ex.P79. The Inspector,

43

Thavalakuppam police asked him certain clarifications and that clarifications letter is
Ex.P80 and his reply is Ex.P81. The Injury are possible by broken glass pieces.
PW94/Dr. Aswini deposed that on 10.08.2012 at 4.32 p.m. the injured
Thirumurugan, Nagarajan, Senthilkumar, Rajendiran were brought by police. She
had examined Thirumurugan at 4.32 p.m. He told him that while travelling in a van
on 10.08.2012 at 4.00 p.m. due to throwing of bomb at Ariyankuppam bridge he had
sustained injury. He told him that there is difficulty in hearing. She had seen several
injuries on his centre of right thigh measuring 2 x 1 cms another injury is found on
the right knee 2 x 1 cms. Another injury abrasion was found on his right leg
measuring 2 x 1 cms. Injuries are fresh, since there was difficulty in hearing that
injury is grievous. The wound certificate is Ex.P82 and final report is Ex.P83. On
that day at 5.03 p.. she had examined Nagarajan, he was found in drowsy condition,
he complained of headache, there was hole on the both eardrum, that injury is
grievous, he told her that while travelling in a van by the bomb blast on 10.08.2012
at 4.00 p.m. he had sustained injury. The wound certificate is Ex.P84, final report is
Ex.P85. On 5.13 p.m, Senthilkumar was brought before her, he also told her that
while travelling in a van by bomb blast he had sustained injury, he also told her that
there is difficulty in hearing. He told her that he had sustained injury on the head
there was an abrasion on his left elbow measuring 0.25 x 0.25 cms, that injury is
simple in nature. The wound certificate is Ex.P86, final report is Ex.P87. The
injuries are fresh. On that day at 4.30 p.m. he examined Rajendiran, he told her
while travelling in a van on 10.08.2012 in the bomb blast he sustained injury,
lacerated injury on the left eye from front head from the forehead till left eye 5x1x1
cms another abrasion was found on the lower hip 0.1 x 0.5 cms, another injury was
found on the right thigh measuring 2 x 2 cms. Injury are fresh. The injury on the eye
is grievous in nature. The wound certificate is Ex.P88, final report is Ex.P89.
PW95/Dr. Sivasankari, deposed that on 10.08.2012 at 5.10 p.m. Kumar was
brought for treatment, he told her that while travelling in a van in the bomb blast on
10.08.2012 at 4.00 p.m. at Ariyankuppam bridge he had sustained injury. He had

44

headache and difficulty in hearing. As per ENT medical officer opinion the difficulty
in hearing is grievous, the wound certificate is Ex.P90, final report is Ex.P91.
PW96/S. Sunil deposed that on 15.10.2012 as per the requisition of the S.P.
Rural, he gave call details of Vodofone No.:8489999413 for the date on 9 th and 10th
August 2012. He gave the details on 26.10.2012 along with I.D. proof and
application form. That vodofone number belongs to Kalavathi. The voter I.D. is
Ex.P92, requisition is Ex.P93, call details for the period 09.08.2012 and 10.08.2012
is Ex.P94. The certificate issued for that is Ex.P95.
PW97/Dr. G.L. Upadhyaga deposed that he had received the vicera from P.C.
Thavalakuppam on 22.08.2012. He chemically examined the vicera and submitted
his report. The Vicera is concerned with Jagan and the vicera is free from any poison
is his opinion and the report is Ex.P96.
PW98/Dr. Annamalai deposed that on 10.08.2012 from 4.30 p.m till 5.00
p.m. the injured person came for treatment. Police informed him that they are going
to record the statement of the injured, so he gave conscious certificate of Sub
Inspector Senthilkumar and `is Ex.P97 and on that day at 11.00 p.m. Police seized
the dress of Senthilkumar, Rajendiran, Kumar and Nagaraja. He put his signature in
the seizure mahazar is Ex.P98. Among the injured one injured was in civil dress,
other are in uniform. The material objects seized before him is M.O.36 to M.O.52.
PW99/Murali deposed that he had recorded the confession, typed all
statement of the witnesses. He had gone to Yanam and typed the confession
statement of Manikandan and Karuna. Then he had taken the print out and handed
over to the Inspector.
PW100/Govindhan deposed that while he was working as ASI, as per the
request of the Circle Inspector

Murugan, Palani he had recorded the statement of

the witnesses in Tamil. He assisted the Inspector in the investigation.

45

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.. he went to the scene
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

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


shoulder.

2)

Epidermo dermal burns 8 x 3 cms over the lower and outer aspect of
left forearm

3)

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

4)

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

48

deceased body is Ex.P106, the final report is Ex.P107, the intimation to human rights
commission is Ex.P108. Death might have occurred 18 to 20 hrs before autopsy. The
brain found in the skull due to cutting of his skull indiscriminately. Burns injuries
may be due to splinters from the country made bomb. The injury to the skull is due
to heavy cutting sharp weapon. The injury on the deceased caused instantaneous
death. All the external injuries 3 to 10 are the cause of the cumulatively.
PW111/D. Kasturibai deposed that on 13.09.2012 she had received the
material objects from JM-I, she had received it on 05.09.2012 and 10.09.2012,
totally there were 42 sealed material objects, her report dated 15.10.2012 was sent to
the court. Ex.P17 was sent to the Serologist department, then in item No.:1,8,9,26,27
were sent to the chemical analysis department. In item No.:1,11 and 12 were also
sent to the Biological department, her repot is Ex.P109, its cover is Ex.P110.
PW112/Radhika Balachandiran deposed that on 21.09.2012 she had received
the material objects from the Forensic Science Department, Chennai. She had
received a pair of socks, plastic comb, 76 cms length knife, 64 cms length knife and
torn jutty. On examination except item No.:5 others contain human blood, in item
No.:8 to 16, 19 to 25; 29 to 39 also contain human blood except item 9 and 12. Her
report dated 17.10.2012 is sent to court. The remaining items were sent through H.C.
Pachayaippan to JM-I that letter is Ex.P111.
PW113/Kala deposed that on 29.01.2012 she was working in the explosives
examination department she had received in item No.:1 8,9, 26 and 27. Her report
is Ex.P112.
PW114/Murali deposed that as per the order of the Rural S.P. He had sent the
cellphone details of Airtel and Aircel company through mail and received the call
detail information. He had received the Airtel and Vodofone tower place details also.
He had further informed to secure all the I.D. with regard to the cellphone from

49

09.08.2012 till 10.08.2012 from which tower telephone went was gathered and he
chat it out and that record is Ex.P113, its C.D. Is M.O.75.
PW115/A. Johnson deposed that he is working in Airtel company as Nodal
officer in connection with this case they asked for some 7 or 8 call details and the
tower details, he sent those details through mail. He had received the letter Ex.D27
and his reply is Ex.D28. Police showed him the details sent by him through email.
With regard to mobile number 8056893673 he gave 10 pages print out and put his
signature i.e. Ex.P114, its xerox copy is Ex.P115. With regard to mobile number
9944979494 he gave 10 pages print out that is Ex.P116 and xerox copy is Ex.P117.
With regard to mobile No.:9894948814 also he gave print out with his signature i.e.
Ex.P118 and its xerox is Ex.P119. With regard to mobile No.:9629704676 he gave 9
pages print out and put his signature i.e. Ex.P120, its xerox is Ex.P121. With regard
to mobile No.:9790588228 he gave 7 pages print out with his signature Ex.P122 and
xerox is Ex.P123. With regard to mobile No.:9789649536 he gave 10 pages print out
with his signature i.e. Ex.P126 and xerox is Ex.P127. With regard to mobile number
8220854935 he gave 5 pages print out with his signature i.e. Ex.P128 and xerox is
Ex.P129. With regard to mobile number 7708551181 he took 7 pages print out with
his signature i.e. Ex.P130 and xerox is Ex.P131.
PW116/Dr. Pradeep deposed that he is working in Sankara Nethralaya as Eye
Specialist. On 10.08.2012 he examined Rajendiran in the Emergency department at
around 11.15 p.m. He had no perception of light in the left eye and there was a
wound on the forehead of the left side along lid tear and left eye ball was ruptured,
so emergency surgery was done to repair the skin in the forehead wound and rupture
of the eye ball. Then he was in the hospital as inpatient on 10.08.2012, he underwent
lid repair and discharged on 18.08.2012. He was evaluated on 24.08.2012 at OPD
basis, he had sugar control and was taken up for further retinal procedure. During the
surgery it was noted that the left eye was completely damaged and could not revive
his eye sight and the case was abandanded. He was planning to go for one more
surgery. History of the case is Ex.P132 and present case sheet is Ex.P133 and the list

50

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-AA3336 in the dashed condition, before that on PRTC bus PY-01-BC-0795 was found.
He came to known that S.I. Lennin went to G.H. To get the complaint from the
injuries, he gave information to the police photographer and bomb squad and dog
squad. He gave information to the SDE Inspector and police control room. In order
to arrest the accused he gave information for vehicle check up. At that time
Ariyankuppam and Thavalakuppam and traffic police, P.C. Came to the spot with
their help traffic jam was cleared. The vehicle PY-01-X-3949 was causing
inconvenience to the traffic, it was sent to the Thavalakuppam Police Station. At
about 18.35 hrs S.I. Lenin Bharathi contacted him through phone and informed him
that he had received the intimation and received the conscious certificate of
Senthilkumar and recorded his statement. He also informed him he had registered
Cr. No.:91/2012 on the basis of the complaint given by S.I. Senthilkumar. On that
day from 18.45 hrs till 19.15 hrs he had prepared sketch, observation mahazar, crime
detail form with the help of P.C. The sketch Ex.P143, observation Mahazar Ex.P144,
Crime detail form Ex.P145. In the sketch the damaged glass pieces of Panimalar bus
was shown. Before the Panimalar bus driver Rajaram and conductor the crime detail
form was prepared, both of them put their signature in it. At 19.30 hrs, S.I. Lenin
Bharathi

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

54

portion M.O.86, 50 gms blood stained metal road portion M.O.87. The uniform
of S.I. Senthilkumar whistle card, red and blue colour ribbon, blood stained full pant
brown and brown belt, Kaki colour cap were seized before witness Velmurugan and
Kalaivan in the seizure form. The uniform of S.I. Senthilkumar and other accessories
is M.O.88, one way bag is M.O.89 was also seized in the seizure form Ex.P146 at
21.00 hrs. The dead body of Jagan was sent to G.H. Through H.C. Sivaram, the
damaged force vehicle was taken from there and it was kept in shed. The P.C.
Murugan gave him acknowledgment for giving express FIR. Then he went to G.H.
Trama ward and questioned S.I. Senthilkumar, Homeguard Kumar, P.C. Nagarajan
and ASI Thirumurugan from 21.15 hrs till 23.40 hrs and recorded their statement. At
23.45 hrs he had seized the blood stained white colour shirt of Senthil kumar
M.O.36 and blood stained pant M.O.37, white card, ribbon, star and blood stained
kaki shirt of ASI Thirumurugan and all material objects M.O.38 to M.O.52 were
seized under the seizure mahazar and Dr. Annamalai put his signature in it. On
11.08.2012 he had questioned witnesses Raja and Paneer and recorded their
statement at the scene place. He had questioned PRTC bus driver Vinayagam,
conductor Malaivasan at the scene place and recorded their statement. Then he gave
requisition for judicial enquiry to the JM and gave requisition to conduct inquest to
the District Collector. He had questioned witness Subayan, Sudhakar, Dayalan,
Sivaram, Sakthivel @ Murugan, Duraisamy, Natarajan, Thulasingam and recorded
their statement. Then he gave requisition to the RTO to examine the innova car and
the police escort van. With the help of S.I. Babuji at 13.00 hrs at Mortuary before
Panchayatars Nagarajan, Govindaraj, Suriyakumar, Krishnan, Ramakrishnan inquest
was conducted at that time witness Ramakrishnan, Jayamoorthy Raja, Baranitharan
were there and he questioned them and recorded their statement. During that time
the JM and Thasildar Ramesh conducted inquest initially. After inquest, postmortem
commenced at 16.00 hrs and it was concluded at 17.00 hrs at 16.30 hrs he had seized
the dress of the deceased M.O.7 to M.O.15 before witness Jayakumar and
Prabakaran in the seizure form Ex.P147. After postmortem the dead body of Jagan
was handed over to his father at 17.00 hrs. Then he had returned to Thavalakuppam
Police Station at 17.30 hrs. At 18.00 hrs SDF Rural Inspector Sivakumar informed

55

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-AA3336 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 JMI 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;

vd;id

kPz;Lk;

b$fd;

vd;dplk;

64

tprhhpj;jhh;/
1

kw;Wk;

mt;thW
2

tJ

tprhhpf;Fk;

nghJ

vjphpaplk;

jdf;F

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


cross examination as follows : (
K:yj;jnyh

b$fd;

g[fhhpnyh

vd;Dld;

vd;Dila

ngrpaJ

gw;wp

thf;F

Twtpy;iy.).

Further PW1 deposed as follows: (fhty; epiyaj;jpy; cs;ns te;J


btoFz;L

tPrp

kPJ

tpnuhjk;

xU

bfhiy

bra;jjhy;

cz;L/

enuc&;

nghyPrhUf;Fk;
gl;nly;

mth;

nghd;w

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


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.

13.

66

It is argued on the side of the defence that the place of occurrence is also not

clearly proved in this case. According, to the prosecution the incident took place
near Chunnambar Bridge, but PW1 deposed in his evidence as follow:
Rz;zhk;ghW

ghyj;jpw;Fk;

mLj;j

ghyj;jpw;Fk;

,ilna

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.

14.

67

It is argued on the side of the defence that the conspiracy theory and enmity

of the deceased Jagan is highly artificial, The belated statement of PW1 regarding
the apprehension of Jagan lacked credibility. If really the accused Manikandan had
enmity with Jagan he would not turn hostile in the previous case against Jagan, it is
evident from the evidence of PW88/Radjakumar. The said witness PW88 was
examined to speak about the enmity between Manikandan with the deceased Jagan.
The accused Manikandan did not give any complaint for the assault against Jagan in
the Jail and further he did not depose in the court that he was assaulted by Jagan.
This fact was admitted by PW88, Further the witness PW44 and PW45 also did not
support the case of prosecution. Further PW91 the Assistant Superintendent of
Central Jail, Kalapet Mr. Kabilan also did not support the case of prosecution and
turned hostile. PW9/Ganesh Inspector of Police did not give any evidence for the
enmity between the accused Karuna with the deceased. Mere rejection to give parole
to accused Karuna cannot be construed any enmity with the deceased Jagan. The
prosecution has examined PW31 and PW38 and PW39 to narrate the enmity
between the accused Karuna and deceased Jagan. But all of them turned hostile.
None of the witness either spoke about the conspiracy or enmity that the accused had
with deceased Jagan. Mere assembling of persons will not amount to conspiracy.
The object of conspiracy must be known and accepted by everybody joining in
agreement to commit conspiracy is essential. The very assumption that there existed
criminal conspiracy was fallacious. Prosecution failed to make good criminal
conspiracy, so this aspect is also not proved by prosecution.

15.

68

It is argued on the side of the defence that there are two FIR's. In Judicial

enquiry, PW121 JM-II in his cross examination deposed that after his enquiry
there were two FIR's submitted by the police authorities with different handwriting,
but same crime number. He admitted that the handwriting in two FIR are different,
further he deposed as follows: (vd; mwpf;ifapy; gf;fk; 3y; fz;l
FIR

gf;fk;

103

FIR

fz;Ls;s

k;

,t;tHf;F

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;

,Ue;jJ/
itj;J

3tJ

vGjpath;
gf;fj;jpy;

vd;dplk;

ifbaGj;J
FIR

cs;s

bfhLj;J

ehd;

tpj;jpahrkhf

rk;gt

mjpy;

,lj;jpy;

ifbaGj;J

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;
cs;sd

Mfpnahh;
vd;why;

brhd;djhf
rhpjhd;/

gf;fk;

brhy;ygLk;
103y;

Fwpg;g[fs;

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-01AC-4466 moved out of the traffic jam. PW1/Senthilkumar says he has seen
Iyyappan, Suthi Manikandan, Sathish @ Ravi, Arun @ Anbuazhagan, Sundar,
Anandan, Dhandapani. PW3 says he saw Raja, Mathiyas, Johnpaul, Susairaj, Suthi

71

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

kPJ

tpnuhjk;

xU

bfhiy

bra;jjhy;

cz;L/

nghyPrhUf;Fk;

enuc&;

gl;nly;

mth;

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
kfdpd;
mjdhy;

kDtpy;.

bfhiyapy;
CBI

nghyP!;
rk;ge;jk;

tprhuiz

cah;

mjpfhhpfs;

cs;sjhf

elj;j

vd;

fUJfpnwd;/

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;

tpLth';f
bfhLj;J

tHf;F

vd;Wk;.
cjtp

PW15/Radhakrishnan
nghlnghwh';f
brhd;djhft[k;
bjhpe;jpUf;F

vd

nghl;L

,jw;F

gz;whU
deposed
vd

as

,Uf;F

enuc&;

vd

follows:

ghh;k;

fhR

cs;sJ/ Further
nghl;LLth';f.

vy;yhk;
thahy;

Rl;L

jhd;

ngl;il

mth;fSf;F
mth;

gl;nly;

re;njfkhf

Kjypahh;

mtnu

vd;id

fndc&;

SI

Kd;Tl;ona
brhd;dhh;/ So it is

proved that the real motive behind this instant case is that the police authority
connived with the enemies of the deceased to whom the deceased posted imminent
threat, more apparently the Naresh Patel, could have staged this occurrence and
painted as a Gorilla attack of all the accused manipulating the past friction between
them. The evidence of PW15 substantiates and proves the motive of the police
authority against the deceased in the instant case.

21.

It is argued on the side o the defence, the statement of the evidence of PW1 to

PW5 is contradictory and unlawful and they are self contradictory also. PW1
deposed in his cross examination as follow; (jhrpy;jhh; Kd; bfhLj;j
thf;FK:yk;
MFk;/

23/09/2012
EX.D.13y;

md;W

bfhLj;njd;/

vjphpfspd;

bgah;

mJ

EX.D.13
vJt[k;

74

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

fhak;

Vw;gl;lJ

vd;Dila
fz;zpy;

Kjy;

gl;lJ

Fz;L

vd;W

lhf;lhplk;
A6

tprhuizapy;
vd;W

tPrg;gl;L

jtwhf

fz;zpy;

brhd;ndd;/

tPrpa

Fz;L

brhd;ndd;/

vd;

23/09/2012

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


M$uhfp
me;j

thf;FK:yk;
thf;FK:yj;jpy;

bgah;fis
follows:

bfhLj;J

jhrpy;jhhplk;

jw;nghJ

brhd;d

ehd;

vjphpfspd;

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

jhrpy;jhh;

ifbaGj;J

ifbaGj;jpl;nld;/

gjpt[

vd;DilaJ
ehd;

bra;j
jhd;

bfhLj;j

thf;FK:yj;jpy;

cs;s

EX.D.16

MFk;/

mJ

thf;FK:yj;jpy;

Twg;gl;l

thpfs;

EX.D.17

jhd;

75

cs;sJ/

v';fs;

midtUf;Fk;

fz;

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
PW4 in his cross examination deposed as follows:

brhy;ypa[s;nsd;/

(b$fd; vd;gtiu g[Jit nfhh;lo


; y; (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

Escord Van

egh;fshy;

mjdhy;

b$fd;

vd;w

kPJ

Fw;wthsp

btoFz;L

tPrg;gl;L

bfhy;yg;gl;L

mjd;

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


HC

mUs;

bfhLj;jhh;/

2 pistol, 6 rounds and SLR Riffle and 6 rounds

vd;gth;
mij

ghJfhg;gpy;

itf;Fk;go PC

vd;W

vGjg;gl;Ls;sJ

xg;gilf;fg;gl;lJ
rhpjhd;/

1769

trk;

vd;why;

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

rpfpr;irapy;
rk;gtk;

chief

examination

,Ue;jnghJ
gw;wp

,Ue;jnghJ
kPz;Lk;

rhl;rp

kPz;Lk;

gp/rp/1833

as

follows:

vd;id

g[fhiu

vGjpajhft[k;

rpfpr;irapy;

tprhhpj;jhh;/

kDjhf

ehd;

Ma;thshplk;

bfhLj;njd;

Ma;thsh;
g[fhiu

deposed

jtsFg;gk;

thf;FK:yk;

tl;l

jhd;

brhy;fpwhh;/
mij

his

rhl;rp

vGjpbfhLj;jjhf

jhd;

brhd;djhft[k;

mjpy;

jd;Dila

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


deposed as follows: (ehd;

bry;nghd;

jfty;

cah;

rk;gtk;

bjhptpj;njd;/
ele;jt[ld;

ehd;

K:yk;

mjpfhhpfs;
bfhLj;j

v!;/gp/

ehh;jJ
; f;F

clnd

Kjy;

jfty;

te;jdh;/
v!;/gp/

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


jfty;

brhd;ndd;/

brhd;ndd;/

mthplKk;

K:d;whtjhf

rk;gtk;

lhf;lhplk;

jfty;

gw;wp

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;

epiyaj;jpy;
brhd;ndd;.

gw;wp

,Ue;j

ehd;
cjtp

mt;thW

ehd;

Kjd;

Kjypy;

Ma;thsh;
brhy;Yk;

mhpah';Fg;gk;
GH-y;

ghg[$paplk;

nghJ

,ut[

ehd; brhd;d tptuj;ij mth; vGjpf; bfhz;lhh;/

fhty;
itj;J

kzpapUf;Fk;/
PW3 in his cross

examination deposed as follows: (rk;gtk; Koe;jJk; ehd; jdpahf


jhd;

Kjypy;

Ghf;F

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;
mtuJ

nfl;L

cUisd;ngl;il

tz;oapy;

vd;ida[k;

Ma;thsh;

uFehafk;

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;

ele;jJk; PC

rk;gt

fhty;

epiyak;

,lj;jpw;F

te;jhh;/

cs;sJ/
rk;gt

rk;gtk;
,lj;jpw;F

jiyik

fhtyh;fs;

78

kw;Wk;

nghyP!;

mjpfhhpfs;

te;jdh;

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

Entry

y;

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


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

fhty;

milahsk;

epiyaj;jpw;F
bjhpahj

jfty;

egh;fshy;

bfhLj;jhh;/
fhak;

mjpy;

Vw;gl;ljhf

brhy;yg;gl;lJ/

25.

Ex.P1

does

not

bear

the

conscious

endorsement

made

by

Dr.

Annamalai/pw98 either in the beginning or in the end of the report. On the other
hand, a separate certificate was obtained on a later date which would be evident in
Ex.P97. Further the person who wrote Ex.P1 namely P.C. 1833 was not examined.
None of the witnesses PW2 to PW5 even informed the Investigating Officer that
they told some of the name of the accused seen in the occurrence to PW1 in their
161 statement recorded by the Investigating Officer, so there is no possibility to
impose confidence on Ex.P1.
26.

FIR is not an encyclopedia, but FIR should be free from all fabrication and

should be doubtless. In the present case, FIR was registered with the 21 names with
detailed modus operandi. However, the presence of other documents regarding the

79

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;
btoFz;L

tPrp

bfhiy

epiyaj;Jf;F

bra;jjhy;

cs;ns

te;J

nghyPrhUf;Fk;

mth;

kPJ tpnuhjk; cz;L. It is important to note that an RDO enquiry was also
conducted for any foul play by the police. PW1 also admits : rk;gtj;Jf;F
fhuzk; nghyPrpd; `gt[y; gpns ,Uf;Fk; vd tprhhpj;jdh;/
PW122 admits 08-08-2012 e;J 10-08-2012 ele;j rk;gtk; gw;wp
ehd; g[yd; tprhuiz bra;atpy;iy/ There is no written order for
PW1 to make formal arrest of Jagan at Kalapet Jail in Cr. No.:218/2012 of Orleanpet
Police Station. The urgency in bringing Jagan to Pondicherry itself is mysterious. A
PT warrant in court could not be obtained without arresting the accused who was in
Karaikal Jail. The arrest of accused Jagan at Karaikal and subsequently obtaining a
P.T. warrant on the same day is doubtful. It could be possible only with the
connivance of the Jail authorities at Karaikal. PW121/Judicial Magistrate also admits
that it is not possible to get a PT warrant for an accused who was arrested at Karaikal
Jail on the same day. PW1 says that he sent PW2 with the arrest card from Karaikal
to Pondicherry to file a petition for getting a PT warrant for the accused Jagan, but
PW2 never whispered that he came to Pondicherry with the arrest card of Jagan and
filed a petition seeking a PT warrant. Further, PW2 did not file the petition seeking
the PT warrant. The arrest card was not filed or enclosed along with the petition
seeking the PT warrant for the accused Jagan. The arrest memo of Jagan which was
marked as Ex.D2 does not bear any seal from Karaikal Jail authorities. When JM

83

refused to give police custody for Jagan and sent him for Judicial custody, he was
hurriedly taken to Karaikal jail on 10.08.2012 itself. The Judicial Magistrate did not
direct the police to take Jagan to Karaikal on the same day. He was in the central jail
Pondicherry in the previous day. Before Jagan was taken to Karaikal, he was lodged
at Orleanpet Police Station for the best reasons known to the police. Jagan had
consumed alcohol in the police station as this fact was revealed in the postmortem
report. Further this fact was not informed by PW1 to PW5 to the investigating
officer, who admits that this fact was burked to him by PW1 to PW5. The terror
accused who had serious apprehensions which was also known to the Police was
allowed to travel in a ordinary Tempo Traveller van, when guard grilled security
prison van are available in the police department. Prison van with guard grilled
facility should be used for transmitting terror accused. This was not deliberately
carried out in this case. The escort police officer did not check the weapon before
taking the same from the police station. PW1 and PW4 have stated that the pistol
and SLR were struck down at the time of incident. Contrary to the above said fact
Ex.P173 and Ex.P174 would reveal that both pistol and SLR were examined and
were test fired and were found to be in order by the ballistics expert. While escorting
high security risk prisoners, automatic weapons should be carried, further two
vehicles should be followed for long journeys. This was also not followed by the
escort police. Wireless set should be provided and additional squad should be
provided in a separate vehicle in case journey is long. They should inform the
intermediate

police

Fw;wthspfis

station

about

bfhz;L

their

travel.

bry;tjhy;

PW3

tHpapy;

admits
cs;s

ga';fu
fhty;

84

epiyaj;jpy;

bjhptpf;fntz;Lk;/

This

deliberate

omission

was

condemned by the RDO in his report. The escort police should lock the doors inside
so that no outsiders could open the door. There were two doors for the escort vehicle
one on the right side for the drivers entrance and other on the left side for the
passengers to enter into the vehicle. It is for the prosecution to explain as to why the
left side door unlocked at the time of occurrence and the glasses on the window of
the left and right door were intact. The police forces are governed by acts and rules
which provides several penalties in case of dereliction of duty. Admittedly the escort
police have not followed the instruction found in the police standing order. They
deliberately committed some vital omissions. Further even though PW1 and PW4
fired 10 rounds of bullet through pistol and SLR, they have not achieved the target.
PW1 was not in the uniform while he was escorting high security prisoner Jagan.
PW3 did not open his pistol even when the accused were within five feet range
inside the vehicle. PW1 and PW3 did not verify the working condition of the pistol
and the SLR. PW4 did not take care to attach the knife in the barrel of the SLR,
which would be useful at the time of emergency. PW1 to PW5 were admittedly
failed in the escort duty for which also they have not been given a charge memo or
were asked for any explanation. Inspite of all these omissions and commissions, no
charge memo or any action is even taken against PW1 to PW5. This creates strong
suspicion over the role of the police in the alleged incident. On the other hand they
have been rewarded such as promotions even before the disposal of this case. PW1
admits

as

follows:

epge;jida[k;

ehd;

(standing

order

gpd;

gw;whky;

y;

brhy;yg;gl;l
Terror Accused

ve;j

b$fid

85

eh';fs;

bfhz;L

brd;Ws;nshk;

vd;W

brhy;ypa[s;shh;/

Therefore, the contentions of the accused is that the police invented a story solely
with a view to screen the police official and protect the real accused who have killed
Jagan and foisted this case on the accused. PW1 admits (vjphpfs; fhty;
Jiwf;F

,il";ryhf

,Uf;fpwhh;fs;

vd;why;

mt;thW

Tl ,Uf;fyhk;/ the police have every reason to foist the case on the accused.
It is further strengthened by the evidence of PW15, he says (nghyP!; cah;
mjpfhhpfs;
fUJfpnwd;

vd;

kfdpd;

mjdhy;

bfhiyapy;
rp/gp/I/

rk;ke;jk;

tprhuiz

cs;sjhf
elj;JkhW

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 kms
from the police station. Confession of A13, A16, A15, A9 and A20 were recorded
on 21.08.2012 and recoveries made on 22.08.2012 from a place which can be
reached within 10 minutes from the police station. A22 was arrested in the old bus
stand on 05.09.2012, confession was recorded at 9.00 a.m. on 05.09.2012 in the
police station, but the attesting witness in the confession PW34 says that he was
asked to come to the police station on 04.09.2012 itself for the purpose of attesting
confession. It is nothing but the cart before the horse. The confession of A19, A24,
A23 were recorded on 24.08.2012. PW36 says that on 23.08.2012 itself he was told
about the recovery of explosive substance even before recording the confession
statement. A17 was arrested on 11.09.2012 at 10.30 a.m., but PW89 was asked by
Thalsildar to go to the police station to attest the confession at 9.00 a.m. itself. PW89

88

went to the police station at 9.15 a.m. even before the arrest of accused. Further he
admits that the recovery are in open place. PW36 VAO went to the police station on
23.08.2012 for signing the confession, but he was informed by Thalsildar on
22.08.2012 itself. PW35 VAO went on 21.08.2012 at 5.00 p.m. for signing the
confession, but he was informed about signing confession and mahazar outside his
jurisdiction even before he went to the police station. The recovery from A1 in Jail
was not supported by the Assistant Superindentent Central Prison, Kalapet.
Recoveries were made from the female ward of the prison. So the confession
statement of all the accused and recoveries in pursuance of confession are all
fabricated. It is most unsafe to base conviction on the confessions and recoveries.

32.

The weapons were not sealed and packed at the place of recovery. As per

2002 (2) S.C. Criminal 119: Weapon when produced were not sealed, on them the
name of the accused, case number, name of the deceased were not mentioned is fatal
to the prosecution case. As per 1994 SCC crime 1202: Non sealing of seized articles
CAST serious doubt on prosecution. In the present case also, seized objects were not
packed and sealed. So the recovery is not proved by the prosecution beyond
reasonable doubt.

33.

As per the forensic report is concerned PW111 examined the skin bits of the

deceased Jagan, two brown beaded chains with rudraksham of the deceased Jagan, a
pair of fancy metal studs with a white stone of deceased Jagan, shirt and pant of
PW1. None of the above items detect any explosive or explosion residues. The 9 mm

89

pistol and 7.62 mm SLR which were stated as such they got struck up while firing by
PW1 and PW4. They were sent to CFSL and found them alright which is contra to
the statement of PW1 to PW5. There is no firearm residues in the glass pieces taken
from the front glass of the force van. It is also opined that one among the 9 mm fired
empty cartridge case had not been fired through the 9 mm caliber pistol used by
PW1. Further it is opined that there is no linkage between 7.62 mm fired empty
cartridge case with respect to 7.62 caliber SLR rifle being used. It is also opined that
there is no bullet hole on the top/roof inside and outside the force van vehicle. On
chemical examination there is no explosion residues were detected on the dents
found inside and outside the force van vehicle. As per PW112, only blood was
deducted in the M.O.3 and M.O.4. and she is unable to confirm that it belongs to
human. During cross examination of PW112 she admits that the blood may be origin
from animals also. As per CDJ 2010 DHC 1087: Blood on the weapon was not
found to be of human origin, which rules out the possibility of its having been used
for committing murder of the deceased the impugned judgment and order on
sentence are set aside and both the appellants are hereby acquitted. So based on the
findings of the CFSL examiners, it is evident that the alleged weapon which was said
to be used to kill the deceased Jagan had no link with the deceased. So the scientific
evidence is also not supporting the prosecution case.

34. It is argued on the side of the defence that the manner of incident is also
suspicious and it is not proved. PW1 and PW3 took special training at Thrichur and
Pondy about the guns. These persons used the guns at the time of incident. The

90

accused were very near to the van. If really they have used the gun someone could
have sustained injuries, surprisingly it is unbelievable that no accused were injured
due to gun shots, this shows the falsity of the case. Further it is the case of
prosecution that A3 and A4 entered the van cut Jagan with knife and caused his
death. The seating arrangement in the van is such that one can enter the van unless
the front seat is folded. Further there is inside lock in the van. Then how the two
accused entered into the van is highly doubtful. Innova car stands in the name of one
Chandrasekaran, but how it came to the scene of occurrence is not explained. PW86
deposed in his evidence as follows: (ehd; fil bjhHpy; bra;fpnwd;/
PY 01 AC 4466 ,Ue;jJ/ me;j

vd;dplk; ,d;ndhth fhh;


fhh; repair
ehDk;

Mechanic

Mdjhy;.

tz;oia

js;sp

if

tu

bfhz;L

Mechanic

brhy;yp

brd;nwhk;.

k;

mg;nghJ

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


Mdhy;

mg;nghJ

vd;dplk;

Mtzk;

,y;yhjjhy;.

tPlo
; w;F brd;W Mtzk; vLj;J bfhz;L fhty; epiyak;
brd;nwd;/ ,uz;L ehl;fs; fHpj;J tUkhW brhd;dhh;fs;.
gpd;dh;

mth;fs;

,e;j

tz;o

b$fd;

bfhiy

tHf;fpy;

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.

35.

91

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.

92

With regard to the offence u/s 25(1)(AAA) and 27(1) of Arms Act and

section 4 of the Prevention of Damage of Public Property Act, 1984. No one from
the locality attested the property search mahazar of all the material objects, this
creates a genuine doubt about the recovery proceedings. None of the knives seized
or recovered were subject to finger print analysis. M.O.3 and M.O.4. was not sent
for finger print study. None of the occurrence witnesses, except PW1 to PW5 have
spoken about the occurrence holding long knife to attract the provisions of the Arms
Act. The 4 country bombs that were recovered and test fired in this case long after
the occurrence is again to make believe a theory of the police genuine. The
Investigating Officer admits in the cross examination that he has not conducted any
search in the houses of the accused to find out the presence of any long knives or
country made bombs. He also admits that no weapon or bomb were seized for any
other accused at the time of their arrest.

38.

There is no material on record to show that the police escort van, allegedly

damaged in the occurrence is public property. The R.C., Insurance, B register extract
from the RTO office, trip sheet, log book of the vehicle is not filed by the
prosecution to prove that the force vehicle belonged to the government. There is no
material on record to speak about the extent of damage quantifying the same in
terms of money. The damage certificate is not filed. Ex.P100 marked through
PW104, Sigma Security ASI, is only a letter addressed to the S.P. The inspection
report allegedly prepared by him detailing the damages has not come to court and
consequently not marked as document. Ex.P173, Ex.P174, CFSL report

93

states that there is no evidence of the fire arms fired from inside the vehicle and also
there is no firing discharge residue in the dent marks of the police vehicle M.O.1.
The damaged vehicle was inspected by local Bomb detection and disposal squad,
sigma security nearly a month after the date of occurrence. No RTA case has been
filed by the police about the involvement of the motor vehicle at scene of
occurrence. So there is very possibility to believe that the alleged damage to the
vehicle has been done at a later point of time to make a serious view of the
occurrence. So the evidence u/s 4 of Prevention of Damage to Public Property Act is
not proved clearly.

39.

The offence u/s 332, 333 are also found in this case, according to the

prosecution PW1 to PW5 are on escort duty on the alleged date of occurrence. PW1
was not found in uniform is also proved. So as per 1998 L.W. Criminal 16 (section
332 ): discharge of duty as public servant, absence of proof as to failure to produce
entry in duty register for sending the Police Officer for duty Offence held not made
out. In the present case also no proper record was filed before court to show that
PW1 to PW5 are on escort duty on the alleged date of occurrence, so the offence u/s
332, 333 IPC is also not proved in this case.

40.

It is argued on the side of defence that the prosecution have covered up the

encounter death done by the police. The custody petition filed by the police was
dismissed by JM-II, Puducherry which implies that the accused should not be taken
to Orleanpet Police station for any reason. But the police have taken Jagan to
Orleanpet Police Station which was admitted by the prosecution witness and

94

Investigating Officer. The police including the Investigating Officer very much
silent about the presence of alcohol in the stomach of the deceased, which is
indicated in the vicera report. The prosecution has supported the act of the police
who took the deceased Jagan by reasoning that the deceased Jagan was taken to
Orleanpet Police Station for having food and natural calls. It is argued by the learned
Public Prosecutor that the amount of alcohol which is found in the stomach of the
deceased is normal one and it will be found in all human beings. But this opinion is
not at all found in other postmortem certificates. But as per the prison rules food
should be provided at 11.00 hrs. If really that is the reason, the food may be provided
in the court itself as a separate place is allotted for the accused to have food and
natural calls. There is no specific order on record to prove that JM had specifically
ordered PW1 to hand over the deceased Jagan at Karaikal Jail on the same day.
Because he has already permitted him to stay in Puducherry Central Jail till
22.08.2012. As per the prosecution theory, the police van has started from the police
station at about 3.45 p.m. As per the Pondicherry Prison rules the accused cannot be
permitted into the Jail after sunset which is around 6.00 p.m. Approximate travelling
time from Pondicherry to Karaikal will be more than four hours. Even knowing the
above facts, the police personnel with the life convict making this transit in an
unsafe and unauthorised van to fulfill their execution. This was not enquired by the
Investigating Officer, creates much doubt on the police. It is known fact that
without PT warrant no accused will be permitted inside jail. But in this case, there is
no PT warrant was recovered in the seizure mahazar. This directly implies that the
police have taken deceased Jagan without any PT warrant, which is illegal transit.

95

The police with pre knowledge that the deceased Jagan anyhow not going to reach
Karaikal Jail made this illegal transit. Knowingly the Investigating Officer has
skipped up the issue and least bothered about the illegal transit. This may be due to
the reason that the deceased Jagan had blast inside the Mudaliarpet Police Station
when the current Inspector was working as Sub Inspector of Police, Mudaliarpet
Police Station. This was confirmed by PW1 in his cross examination. M.O.1. Force
van PY-01-G-9961 was already permitted to one Mr. Djeagaradjane, Sub Inspector
of Police to proceed with his team for investigation purpose from 04.08.2012 to
14.08.2012. But no permission was sought to take the deceased Jagan in such
unguarded vehicle as the vehicle is used only for crime investigation purpose. When
the defendant counsel had a petition u/s 91 of Cr.P.C. requesting to produce the G.D.
of Orleanpet Police station and the petition was allowed, but it was not filed before
court. The vital document which can speak about the incident is the G.D. of
Thavalakuppam Police Station. The prosecution deliberately suppressed the original
G.D. and claimed that the same was missing from the police station. As per CDJ
1981 247: The Original FIR was suppressed by the police and substituted by
another, failure to produce the G.D. Entry at the police station will raise an inference
that the FIR has been suppressed. All these create serious reasonable doubt on the
act of the police and the Investigating Officer who deliberately suppressed essential
facts and evidence related to the actual happening of this offence. If the suspressed
materials were produced before the court of law it may enligthen the true story of the
offence. This was appropriately identified by the Judicial Officer who conducted
enquiry regarding the foul play on the part of the police and deposed before court

96

that if he verified all the documents in connection with this case, he would have
reversed his current opinion which directly implies that the foul play was hidden by
the Investigating Officer by non-submitting all the documents to the Judicial Officer.

41.

As per the prosecution the accused Susairaj, Sathish @ Ravi, Karupu Alex sustained

injury in the occurrence, their wound certificate are marked as Ex.P73, Ex.P76 and Ex.P79.
They were examined by PW92 and PW93. PW92 accepts that he has not mentioned : as to
how the injuries were sustained by the accused: PW92 admits that he did not mentioned
that the injured persons gave alleged cause of the injuries. So all the above three accused
sustained injury in the occurrence is not clearly proved in this case.

42.

According to the prosecution the accused shouted kill the police party. But PW1 to

PW5 did not sustain any injury, not even a abrasion in the hands of the accused who
entered the escort vehicle with deadly weapon in their hands. As per the prosecution PW1
to PW5 were present inside the force van and due to hurdling of bomb inside the said
vehicle. PW1 to PW5 claims that they sustained blast injury. PW94/Dr. Aswini who
examined PW1 to PW4 on 10.08.2012 admits that none of the PW's sustained any bomb
blast injury. Further PW116 Dr. Pradeep stated that the injury sustained by PW2 might be
caused by RTA. So the prosecution version becomes improbable. Further PW5 the driver of
the force van admits that if really any bomb were hurdled over the van then he must be the
first person who must sustain bomb injury. PW95/Dr. Sivasankar deposed that there is no
external injuries for PW5 and there is necessity to admit him in the male surgery ward. So
in this case it is not clearly proved that all the injured persons sustained injury due to bomb
blast. Some of the injured had lost hearing due to the sound created by the explosion of the
bomb. PW2 alone sustained injury on the left eye and the eye balls were ruptured. But who

97
caused that injury in the mob is not clearly proved by the prosecution. So medical evidence
is not at all supporting the prosecution case.
43.

In this case section 109 IPC is found in the FIR itself. The registration of 109 IPC in

the FIR before investigation forms cloud of doubt against the prosecution case. PW121/JMII stated that on his enquiry none of the witnesses including PW1 to PW5 stated anything
about A1 and A2 and their motive. As per 2010 (2) CTC 76: Medical evidence not
supporting ocular testimony and first complaint suppressed by prosecution, accused entitled
to benefit of doubt. In the present case also , it is clearly prove that the first FIR was
suppressed by the prosecution. Further, the medical evidence is also not supporting the
ocular testimony, so accepting the above decision the accused are entitled to benefit of
doubt.
44.

In this case the delay in despatching the FIR is not explained by prosecution. The

cellphone evidence is not proved and all the witnesses examined to prove the cellphone
evidence did not support the prosecution case. A particular motive is put forward by the
prosecution, but it is not proved by prosecution and the motive put forward is highly
artificial. There is no evidence regarding abetment. Ex.P1 is proved to be a suspicious one
and it is proved that there are more than two FIR and the earlier one was suppressed. The
arrest, confession and recovery are proved to be false one. Medical evidence is not
supporting the prosecution case. Forensic report is also not supporting the prosecution case.
The Investigation is filled with infirmities. In the present case, the incident is true, but the
accused are roped in and charged falsely. Since there seems to be foul play on the part of
the police, facts were made to suspress the actual incident and the accused being familiar
with the police were made as scapegoat. Further in this case, no record is filed to prove that
PW1 to PW5 are on official duty on the date of occurrence. It is stated on the side of the
defence that the writ petition in W.P. No.:21347/2014 filed by PW15 the father of the

98
deceased Jagan is still pending before Madras High court, since there is no stay and further
there is direction by Hon'ble High Court to dispose this case within a period of four weeks
this court has proceeded with the case and finally disposed it.

45.

On perusing the entire evidence and records it is found that it is a case mixed with

truth and falsehood. As per AIR 1975 S.C. 1692: Balaka Singh Vs. State of Punjab:
Court must make an attempt to separate grain from the chaff, the truth from the falsehood,
yet this could only be possible when the truth is separable from the falsehood where the
grains cannot be separated from the chaff or inextricably mixed up that in the process of
separation the court would have to reconstruct an absolutely new case for the prosecution
by divorcing the essential details presented by the prosecution completely from the context
and the background against which they are made, then this principle will not apply. In the
present case also, the incident is true and it is mixed with falsehood. When it is not possible
to separate the truth from falsehood and when two views are possible the benefit should go
to the accused. So taking into account all the infirmities in the Investigation and the defects
in the prosecution case all the accused are entitled for acquittal.

46.

Taking into consideration all the above aspects, the offence alleged against the

accused under section 148 r/w 109 IPC; 341 r/w 149 and 109 IPC and 302 r/w 149 and 109
IPC; and 307(5counts) r/w 149 and 109 IPC.; 326 (4 counts) r/w 149 and 109 IPC and
section 3(A) of the Explosive Substance Act 1908 (6 counts) r/w 149 and 109 IPC; 27(1) of
Arms Act 1959 r/w 149 and 109 IPC; 332 (5 counts) r/w 149 and 109 IPC; 333 (4 counts)
r/w 149 and 109 IPC; Section 4 of the Prevention of Damage to Public Property Act 1984
r/w 149 and 109 IPC are not proved by prosecution beyond reasonable doubt and so the
accused are acquitted from the charges in terms of section 235(1) of Cr.P.C. and they

99

are ordered to be set at liberty in this case. The M.O.1 Blue colour force van PY01-G-9961 is ordered to be returned to Government after the appeal time is over.
M.O.2. - Innova car PY-01-AC-4466 is ordered to be returned to the R.C. Owner
on

production

of

R.C.

Book

after

the

appeal

time

is

over.

M.O.5, M.O.6, M.O.23 TO M.O.26, M.O.61 TO M.O.75 the photos and CDs are to
be placed with the records. The M.O. 3, M.O.4, M.O.7 to M.O.15, M.O.20 AND 21,
M.O.28 TO 60, M.O.89, M.O. 92 TO M.O.100 are ordered to be destroyed after the
appeal time is over, since they are not useful.

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 12th 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

PW 3

- Dt. 24-3-2014

100
G.Thirumurugan

PW 4

- Dt. 26-3-2014

R.Nagarajan

PW 5

- Dt. 31-3-2014

S.Kumar

PW 6

- Dt. 31-3-2014

P.Vinayagamoorthy

PW 7

- Dt. 31-3-2014

C.Malaivasan

PW 8

- Dt. 01-4-2014

J.Rajaraman

PW 9

- Dt. 01-4-2014

R.Panneer @ Panneerselvam

PW 10

- Dt. 01-4-2014

R.Mugunth Babu

PW 11

- Dt. 01-4-2014

R.Sureshbabu

PW 12

- Dt. 01-4-2014

D.Sivaraman

PW 13

- Dt. 02-4-2014

K.Natarajan

PW 14

- Dt. 02-4-2014

K.Dhayalan

PW 15

- Dt. 07-4-2014

M.Radhakrishnan

PW 16

- Dt. 07-4-2014

R.Jayamurthyraja

PW 17

- Dt. 07-4-2014

R.Paranidharan

PW 18

- Dt. 07-4-2014

A.Sooriyakumar

PW 19

- Dt. 08-4-2014

V.Krishnamoorthy

PW 20

- Dt. 08-4-2014

Arumugam Inspector of Police

PW 21

- Dt. 08-4-2014

Sackithivel @ Murugan

PW 22

- Dt. 08-4-2014

Seenuvasan @ Sudhagar

PW 23

- Dt. 09-4-2014

Duraisamy

PW 24

- Dt. 09-4-2014

V.Thulasingam

PW 25

- Dt. 09-4-2014

N.Subburayan

PW 26

- Dt. 15-4-2014

S.Velu Prabagaran

PW 27

- Dt. 15-4-2014

S.Velmurugan @ Murugan

PW 28

- Dt. 15-4-2014

101
P.Kalaivanan

PW 29

- Dt. 02-6-2014

Ganesh, S.I. Of Police

PW 30

- Dt. 02-6-2014

J.Sivakumar, Inspector of Police

PW 31

- Dt. 02-6-2014

S.Anandaraj

PW 32

- Dt. 02-6-2014

S.Prabagaran

PW 33

- Dt. 03-6-2014

M.Sivaraman, VAO

PW 34

- Dt. 09-6-2014

N. Mannankatti

PW 35

- Dt. 09-6-2014

P.Sivabalan

PW 36

- Dt. 09-6-2014

V.Kirubagaran

PW 37

- Dt. 10-6-2014

J.Munisamy

PW 38

- Dt. 11-6-2014

V.Kumar

PW 39

- Dt. 11-6-2014

S.Kathiravan

PW 40

- Dt. 11-6-2014

Jesudass

PW 41

- Dt. 11-6-2014

S.Moorthy

PW 42

- Dt. 11-6-2014

T.Sadasivam

PW 43

- Dt. 16-6-2014

A.Sivasubramanian, RI in Yanam

PW 44

- Dt. 16-6-2014

K.Ram

PW 45

- Dt. 16-6-2014

K.Kumar

PW 46

- Dt. 17-6-2014

P.Shanmugam

PW 47

- Dt. 17-6-2014

M.Seenuvasan

PW 48

- Dt. 17-6-2014

S.Tamizh

PW 49

- Dt. 17-6-2014

S.Chandar

PW 50

- Dt. 17-6-2014

S.Selvakumar

PW 51

- Dt. 18-6-2014

S.Murugan

PW 52

- Dt. 18-6-2014

M.Murugan

PW 53

- Dt. 18-6-2014

102
G.Arumugam

PW 54

- Dt. 18-6-2014

V.Balakrishnan

PW 55

- Dt. 18-6-2014

B.Punniyavathi

PW 56

- Dt. 23-6-2014

I.Bharathy

PW 57

- Dt. 23-6-2014

S.James Sundar @ Shyam

PW 58

- Dt. 23-6-2014

M.Mohamed Ibrahim

PW 59

- Dt. 23-6-2014

S.Jayaseelan

PW 60

- Dt. 23-6-2014

S.Tamilarasan

PW 61

- Dt. 24-6-2014

M.Murugaiyan @ Agamai

PW 62

- Dt. 24-6-2014

K.Raja

PW 63

- Dt. 24-6-2014

Arputharaj

PW 64

- Dt. 24-6-2014

K.Kathiresan

PW 65

- Dt. 24-6-2014

R.Pazhani

PW 66

- Dt. 25-6-2014

K.Arumugam

PW 67

- Dt. 25-6-2014

A.Deepa

PW 68

- Dt. 25-6-2014

A.Arokiasamy

PW 69

- Dt. 25-6-2014

S.Ravikumar

PW 70

- Dt. 25-6-2014

B.Thomas

PW 71

- Dt. 25-6-2014

K.Vengatesan

PW 72

- Dt. 25-6-2014

G.Gowthamy

PW 73

- Dt. 25-6-2014

S.Anand

PW 74

- Dt. 07-7-2014

S.Moorthy

PW 75

- Dt.07-7-2014M.Mullaiventhan

PW 76

- Dt. 07-7-2014

V.Ravishankar

PW 77

- Dt. 07-7-2014

T.Kalavathi

PW 78

- Dt. 07-7-2014

103
E.Karhtigavani

PW 79

- Dt. 08-7-2014

G.Lingeshwaran

PW 80

- Dt. 08-7-2014

R.Krishnamoorthy

PW 81

- Dt. 08-7-2014

M.Nagaraj

PW 82

- Dt. 08-7-2014

N.Soundarajan

PW 83

- Dt. 08-7-2014

B.Ramakrishnan

PW 84

- Dt. 09-7-2014

Sheriban

PW 85

- Dt. 09-7-2014

Kandiban

PW 86

- Dt. 09-7-2014

C.Sathishkumar @ Kannan

PW 87

- Dt. 09-7-2014

P.Chandiran

PW 88

- Dt. 14-7-2014

Rajkumar S.I. Of Police

PW 89

- Dt. 14-7-2014

V.Sivakumar

PW 90

- Dt. 14-7-2014

S.Srinivasan @ Ravishankar, Assistant Motor Vehicle


Inspector

PW 91

- Dt. 14-7-2014

S.Kabilan

PW 92

- Dt. 15-7-2014

Dr.R.Kamalraj, Casualty Medical Officer.

PW 93

- Dt. 15-7-2014

Dr.K.Kandhan Nagraj, Casualty Medical Officer.

PW 94

- Dt. 15-7-2014

Dr.Sawini, General Duty Medical Officer.

PW 95

- Dt. 15-7-2014

Dr.Tmt.Sivasankari, Casualty Medical Officer.

PW 96

- Dt. 16-7-2014

S.Sunil

PW 97

- Dt. 16-7-2014

Dr.G.L.Upadhyaga, Chemical Examiner, PHL.

PW 98

- Dt. 21-7-2014

Dr.Annamalai, CMO Surgery.

PW 99

- Dt. 21-7-2014

Murali PC 1960.

PW 100

- Dt. 21-7-2014

Govindhan, ASI of Police.

PW 101

- Dt. 22-7-2014

Uthiradam, PC 2420.

PW 102

- Dt. 22-7-2014

104
Balachandar, PC 2736.

PW 103

- Dt. 22-7-2014

Seeralan SGASI of Police.

PW 104

- Dt. 23-7-2014

Rajesh, ASI of Police, Bomb Squad.

PW 105

- Dt. 23-7-2014

Rajavelu, PC 1899.

PW 106

- Dt. 23-7-2014

Perriyannasamy, PC.

PW 107

- Dt. 23-7-2014

Ranganathan, Police Photographer.

PW 108

- Dt. 11-8-2014

Ramesh, Motor Vehicle Inspector.

PW 109

- Dt. 12-8-2014

Dr. S.Vijay.

PW 110

- Dt. 12-8-2014

Dr. S. Dhivakar M.D., Department Foresenic


Medicine.

PW 111

- Dt. 13-8-2014

Tmt.D.Kasturibai, Assistant Director (Explosive)

PW 112

- Dt. 13-8-2014

Tmt. Radhika Balachandiran, Assistant Director


(Biology)

PW 113

- Dt. 13-8-2014

Kala, Assistant Director (Chemistry)

PW 114

- Dt. 13-8-2014

Murali PC 2333

PW 115

- Dt. 13-8-2014

A.Johnson, Nodal Officer.

PW 116

- Dt. 19-8-2014

Dr. Pradeep

PW 117

- Dt. 25-8-2014

Srinivasan.

PW 118

- Dt. 25-8-2014

Nirmalabai.

PW 119

- Dt. 11-9-2014

M.Ramesh, Thasildar.

PW120

-Dt. 20.10.2014

K. Lenin Barathi

PW121

-Dt.03.11.2014

S. Uthamaraj, District Munsif cum Judicial Magistrate


Tittagudi

PW122

-Dt.07.11.2014

S. Palanivelu, Inspector of Police

LIST OF DEFENCE WITNESSES:

NIL

105
LIST OF PROSECUTION EXHIBITS:
Ex.P. 1

Original Complaint through PW1.

Ex.P. 2

ghh;it kf$hpy; cs;s ifbaGj;J through PW8.

Ex.P. 3

Signature in the Crime Details Form through PW9.

Ex.P. 4

Signature in request report through PW48.

Ex.P. 5

Signature in Panchayath Summon through PW18.

Ex.P. 6

Signature in the confession Statement of accused Chandraprasana through


PW27.

Ex.P. 7

Emergency Parole Leave letter from the Supt. Of Jail, Special Sub Jail,
Yanam through PW 29.

Ex.P. 8

Grant of one month parole leave verification report through PW 29.

Ex.P. 9

Special Report through PW 30.

Ex.P. 10

Admit the portion in the confession statement of A4 through PW 33.

Ex.P. 11

Admit the portion in the confession statement of A12 through PW 33.

Ex.P. 12

Admit the portion in the confession statement of A18 through PW 33.

Ex.P. 13

Admit the portion in the confession statement of A25 through PW 33 .

Ex.P. 14

Admit the portion in the confession statement of A3 through PW 33.

Ex.P. 15

Admit the portion in the confession statement of A6 through PW 33.

Ex.P. 16

Admit the portion in the confession statement of A8 through PW 33.

Ex.P. 17

Admit the portion in the confession statement of A14 through PW 33.

Ex.P. 18

Seizure Magazar Dt. 12-08-2012 through PW 33.

Ex.P. 19

Seizure Magazar Dt. 17-08-2012 through PW 33.

Ex.P. 20

Seizure Magazar Dt. 17-08-2012 through PW 33.

Ex.P. 21

Seizure Magazar Dt. 17-08-2012 through PW 33.

Ex.P. 22

106
Seizure Magazar Dt. 17-08-2012 through PW 33.

Ex.P. 23

Seizure Magazar Dt. 17-08-2012 through PW 33.

Ex.P. 24

Seizure Magazar Dt. 17-08-2012 through PW 33.

Ex.P. 25

Seizure Magazar Dt. 17-08-2012 through PW 33.

Ex.P. 26

Seizure Magazar Dt. 17-08-2012 through PW 33.

Ex.P. 27

Admitted portion in confession statement of A10 through PW 34.

Ex.P. 28

Admitted portion in confession statement of A5 through PW 34.

Ex.P. 29

Admitted portion in confession statement of A7 through PW 34.

Ex.P. 30

Admitted portion in confession statement of A11 through PW 34.

Ex.P. 31

Seizure Magazar through PW 34 through PW 34 .

Ex.P. 32

Seizure Magazar . through PW 34

Ex.P. 33

Seizure Magazar through PW 34.

Ex.P. 34

Seizure Magazar through PW 34 .

Ex.P. 35

Seizure Magazar through PW 34.

Ex.P. 36

Seizure Magazar through PW 34

Ex.P. 37

Admitted portion in confeesion statement of A22 through PW 34.

Ex.P. 38

Seizure Magazar through PW 34.

Ex.P. 39

Admitted portion in confession staement of A21 through PW 34.

Ex.P. 40

Seizure Magazar through PW 34.

Ex.P. 41

Admitted porion in confession statement of A13 through PW35.

Ex.P. 42

Admitted porion in confession statement of A16 through PW35.

Ex.P. 43

Admitted porion in confession statement of A15 through PW35.

Ex.P. 44

Admitted porion in confession statement of A9 through PW35.

Ex.P. 45

Admitted porion in confession statement of A20 through PW35.

Ex.P. 46

Seizure Magazar through PW35.

Ex.P. 47

107
Seizure Magazar through PW35.

Ex.P. 48

Seizure Magazar through PW35.

Ex.P. 49

Seizure Magazar through PW35.

Ex.P. 50

Seizure Magazar through PW35.

Ex.P. 51

Admitted portion in confession statement of A19 through PW 36.

Ex.P. 52

Admitted portion in confession statement of A24 through PW 36.

Ex.P. 53

Admitted portion in confession statement of A23 through PW 36.

Ex.P. 54

Seizure magazar through PW 36.

Ex.P. 55

Seizure magazar through PW 36.

Ex.P. 56

Seizure magazar through PW 36.

Ex.P. 57

Confession statement of Accused Mani @ Manikandan in admitted portion


through PW 43.

Ex.P. 58

Excellent note bookthrough PW 43.

Ex.P. 59

Vote ID Card Photocopy of Karthikavani through PW 43.

Ex.P. 60

Seizure magazar through PW 79.

Ex.P. 61

Signature in the Inrequest Report through PW 81.

Ex.P. 62

Signature in Panchyat Summon through PW 81.

Ex.P. 63

Signature in the Panchayath Summon through PW 82.

Ex.P. 64

Signature in the Inrequest Report through PW 82.

Ex.P. 65

Inrequest report through PW 83.

Ex.P. 66

Signature in the Panchayath summon through PW 83.

Ex.P. 67

FIR through PW 88.

Ex.P. 68

Admitted portion in confession statement through PW 89.

Ex.P. 69

Admitted portion in confeesion statement through PW 89.

Ex.P. 70

Seizure Magazar through PW 89.

108
Ex.P. 71

RTO Report through PW 90.

Ex.P. 72

Signature in the Seizure magazar through PW 91.

Ex.P. 73

wound Certificate through PW 92.

Ex.P. 74

Inspector Letter through PW 92.

Ex.P. 75

Reply Letter through PW 92.

Ex.P. 76

Wound Certificate through PW 92.

Ex.P. 77

Inspector Letter through PW 92.

Ex.P. 78

Reply Letter through PW 92.

Ex.P. 79

Wound Certificate through PW 93.

Ex.P. 80

Inspector Letter through PW 93.

Ex.P. 81

Reply Letter through PW 93.

Ex.P. 82

Wound Certificate No. 29902 through PW 94.

Ex.P. 83

Wound Certificate in Final Report through PW 94.

Ex.P. 84

Wound Certificate No. 29906 through PW 94.

Ex.P. 85

Wound Certificate in in Final Report through PW 94.

Ex.P. 86

Wound Certificate No. 29907 through PW 94.

Ex.P. 87

Wound Certificate in Final Report through PW 94.

Ex.P. 88

Wound Certificate No. 29903 through PW 94.

Ex.P. 89

Wound Certificate in Final Report through PW 94.

Ex.P. 90

Wound Certificate through PW 95.

Ex.P. 91

Wound Certificate in Final Report through PW 95.

Ex.P. 92

Kalavathi's Election ID Card xerox through PW 96.

Ex.P. 93

Letter through PW 96.

Ex.P. 94

Call Details of 9-8-2012 and 10-8-2012 through PW 96.

Ex.P. 95

Certificate through PW 96.

Ex.P. 96

109
Viscera Report (Chemical Examination Report) through PW 97.

Ex.P. 97

Requisition Letter CMO through PW 98.

Ex.P. 98

Form 95 (SM) through PW 98.

Ex.P. 99

Seizure magazar through PW 104.

Ex.P. 100

Examination Report through PW 104.

Ex.P. 101

Bomb Refuse Report through PW 104.

Ex.P. 102

Requisition Letter to RTO from IO through PW 108.

Ex.P. 103

RTO Report through PW 108.

Ex.P. 104

Examination Report through Pw 109.

Ex.P. 105

Postal Cover through PW 109.

Ex.P. 106

Post Mortem Report through PW 110.

Ex.P. 107

Final Opinion report through PW 110.

Ex.P. 108

Intimation to Human Rights Commission through PW 110.

Ex.P. 109

Examination Report through PW 111.

Ex.P. 110

Postal cover through PW 111.

Ex.P. 111

Examination Report through PW 112.

Ex.P. 112

Examination Report through PW 113.

Ex.P. 113

Call details Chart through PW 114.

Ex.P. 114

Call details Chart through PW 115.

Ex.P. 115

ID card Xerox through PW 115.

Ex.P. 116

Call details Chart through PW 115.

Ex.P. 117

ID card Xerox through PW 115.

Ex.P. 118

Call details Chart through PW 115.

Ex.P. 119

ID card Xerox through PW 115.

Ex.P. 120

Call details Chart through PW 115 .

Ex.P. 121

110
ID card Xerox through PW 115.

Ex.P. 122

Call details Chart through PW 115.

Ex.P. 123

ID card Xerox through PW 115.

Ex.P. 124

Call details Chart through PW 115.

Ex.P. 125

ID card Xerox through PW 115.

Ex.P. 126

Call details Chart through PW 115.

Ex.P. 127

ID card Xerox through PW 115.

Ex.P. 128

Call details Chart through PW 115.

Ex.P. 129

ID card Xerox through PW 115.

Ex.P. 130

Call details Chart through PW 115.

Ex.P. 131

ID card Xerox through PW 115.

Ex.P. 132

History of the Case through PW 116.

Ex.P. 133

Present Case Sheet through PW 116

Ex.P. 134

List of Summary through PW 116.

Ex.P. 135

Continuation of the History of Summary through PW116.

Ex.P. 136

FUjp ePhpapay; mwpf;if through PW 118.

Ex.P. 137

Examination Report through PW 118.

Ex.P. 138

Examination Report through PW 118.

Ex.P. 139

Proceedings to the Thasildar given by the District Magistrate through PW


119.

Ex.P. 140

Thasildar Report book pages 176 through PW 119.

Ex.P. 141

FIR through PW120

Ex.P. 142

Judicial Enquiry Report dated 30.04.2013 through PW121

Ex.P. 143

Rough sketch dated 10.06.2012 through PW122

Ex.P. 144

Observation Mahazar dated 10.08.2012

Ex.P. 145

111
Crime Detail form dated 10.08.2012 through PW122

Ex.P. 146

Seizure Mahazar dated 10.08.2012

Ex.P. 147

Seizure Mahazar dated 11.08.2012

Ex.P. 148

Arrest Memo of A4 dated 11.08.2012

Ex.P. 149

Arrest Memo of A12 dated 11.08.2012

Ex.P. 150

Arrest Memo of A18 dated 11.08.2012

Ex.P. 151

Arrest Memo of A25 dated 11.08.2012

Ex.P. 152

Seizure Mahazar dated 16.08.2012

Ex.P. 153

Arrest card of A26 dated 20.08.2012

Ex.P. 154

Seizure Mahazar dated 20.08.2012

Ex.P. 155

Arrest Memo of A19 dated 22.08.2012

Ex.P. 156

Skin Bit Cover

Ex.P. 157

Seizure Mahazar dated 27.08.2012

Ex.P. 158

Application dated 10.09.2012 to RTO

Ex.P. 159

Arrest Memo of A22 dated 05.09.2012

Ex.P. 160

Arrest Memo of A17 dated 11.09.2012

Ex.P. 161

Seizure Mahazar dated 11.09.2012

Ex.P. 162

CJM order for Arrest of A1 and A2

Ex.P. 163

Arrest Memo of A1 dated 17.10.2012

Ex.P. 164

Arrest Memo of A2 dated 17.10.2012

Ex.P. 165

Petition for formal arrest of A1 and A2

Ex.P. 166

Order of JM-1 Yanam granting police custody

Ex.P. 167

Requisition petition seeking police custody of A1 and A2

Ex.P. 168

Seizure Mahazar dated 18.10.2012

Ex.P. 169

Form-95 for seizure of call details and ID proof

Ex.P. 170

112
Sanction order dated 30.10.2012 of the District Magistrate

Ex.P. 171

Alteration report dated 02.11.2012

Ex.P. 172

Another alteration report dated 24.05.2013

Ex.P. 173

CFSL ballistics report dated 28.02.2013 (3 sheets)

Ex.P. 174

CFSL ballistics report dated 28.02.2013 (4 sheets)

LIST OF EXIHIBITS MARKED FOR THE DEFENCE:


Ex.D. 1

Printed FIR 218/12 dt. 26-7-2012 through PW1.

Ex.D. 2

Certified copy of Memo Arrest of Jegan through PW1.

Ex.D. 3

Requistion of PT Warrant through PW1.

Ex.D. 4

Certified copy of PT warrant through PW1.

Ex.D. 5

Certified copy of order dt. 10.8.2012in Crmp. 5694/12 in Cr.No. 218/12


through PW1.

Ex.D. 6

Certified copy of Docket order in Crmp. 5694/12 through PW1 .

Ex.D. 7

Certified copy of transer of to Thasildhar through PW1 .

Ex.D. 8

Certified copy of dt. 10.8.2012 through PW1.

Ex.D. 9

Certified copy of Stock Register, two sheets through PW1.

Ex.D. 10

Certified copy of Govt. Arms Issue Register dt. 22.2.2010 through PW1.

Ex.D. 11

Certified copy of releif Book dt. 10.8.2012 through PW1.

Ex.D. 12

Certified copy of to formal arrest through PW1.

Ex.D. 13

Certified copy of statement of PW1 dt.letter of Executive Magistrate through


PW1.

Ex.D. 14

Xerox copy of the Papr Namadhu Manasatchi dt........... through PW1.

Ex.D. 15

Certified copy of statement of PW2 given before the Thasildhar dt.


23.9.2012 through PW2.

Ex.D. 16

113
Signature alone of PW3 with statement dt. 23.9.2012 given to Thasildhar
through PW3.

Ex.D. 17

Admitted certain portion of the staement of PW3 dt. 23.9.2012 given to the
Executive Magistrate through PW3.

Ex.D. 18

Certified copy of the statement dt.23.9.2012 given by the PW4 to the


Thasildhar, Puducherry through PW4.

Ex.D. 19

Certified copy of the permission note to take the force van.

Ex.D. 20

certified copy of the signed statement dt.23.9.2012 given by the PW5 to the
Thasildhar, Puducherry through PW5.

Ex.D. 21

jiyik brayhsUf;F vGjpa fojj;jpy; cs;s filrp ,uz;L


gj;jpfs; through PW 15.

Ex.D. 22

me;j fojj;jpy; Ke;ija gj;jpfs; through PW 15.

Ex.D. 23

jiyik brayhsUf;F vGjpa fojj;jpy; ,uz;L


gf;fj;jpy; cs;s

ifbaGj;J kl;Lk; through PW 15.

Ex.D. 24

P.M. Letter given to thasildhar through PW 110.

Ex.D. 25

Letter with Report through PW 110.

Ex.D. 26

Formate through PW 110.

Ex.D. 27

Requisition Letter from S.P. through PW 114.

Ex.D. 28

Requisition Letter from S.P. through PW 114.

Ex.D. 29

Photocopy of the FIR through PW 119.

Ex.D. 30

Photocopy of the General Diary dated 10.08.2012 of Thavalakuppam P.S.


through PW120

Ex.D. 31

Carbon copy of the FIR as found in Ex.D29 through PW120

Ex.D. 32

Copy of the page 97 in the FIR Index book through PW120

Ex.D. 33

Acknowledgment for receipt of the Express IFR through PW122

Ex.D. 34

114
Letter dated 23.08.2012 of Finger print expert through PW122

Ex.D.35

Positive photo prints of chance finger prints through PW122

LIST OF MATERIAL OBJECTS:


M.O. 1

Blue colour force Van Reg. No. Py 01 - G 9961 through PW1.

M.O. 2

Light green colour metallic Innova car, Reg.No. PY 01 - AC 4466 through


PW1.

M.O. 3

,uj;jf; fiu goe;j 72br.kP. ePsKs;s fj;jp through PW3.

M.O. 4

,uj;jf; fiu goe;j 72br.kP. ePsKs;s fj;jp through PW3.

M.O. 5

Photos through PW 29.

M.O. 6

One C.D. through PW 29.

M.O. 7

uj;jk; njha;e;j fpHpe;j bts;is fyh;; gdpad; ,uz;L Jz;Lfs;.

through PW 32.
M.O. 8

uj;jk; njha;e;j re;jd fyh; fhy;; rhf;!; ,uz;L through PW 32.

M.O. 9

j;jk; njha;e;j fUg;g[ fyh; c&P xd;W. mjDs; `g[l; !;fpd; vd;w
bgahpy;; nygps; cs;sJ through PW 32.

M.O. 10

uj;jk; njha;e;j nk$pf; vd;W bghwpf;fg;gl;Ls;s nuh!; fyh;


ghf;bfl; rPg; xd;W through PW 32.

M.O. 11

,uj;jk; njha;e;j rpbkz;l; fyh; KG if rl;il fpHpe;j


epiyapy; ,uz;L Jz;Lfs; through PW 32.

M.O. 12

,uj;jk; njha;e;j btsph; re;jd epwj;jpyhd KGfhy; ngz;l;


fpHpe;j epiyapy; xd;W through PW 32.

M.O. 13

,uj;jk; njha;e;j rpbkd;l; fyh; $l;o fpHpe;j epiyapy; xd;W

through PW32.

115
M.O. 14

,uj;jk; njha;e;j FUg;g[ epw kzpkhiy ,uz;L. me;j ,uz;oy;


xd;wpy; Uj;jpuhl;rk; cs;sJ through PW 32.

M.O. 15

,uj;jk; n;jha;e;j bts;isf; fy; bghUe;jpa !;ll; ,uz;L


(fthp';) through PW 32.

M.O. 16

Apache Bike through PW 33.

M.O. 17

Black Colour Pulsar Bike through PW 33.

M.O. 18

Black Colour Pulsar Bike PY 01 8255 returned to the owner through PW 33.

M.O. 19

Red Colour Bajaj Pulsar PY 01 BJ 718 through PW 33.

M.O. 20

Knife 56cm through PW 33.

M.O. 21

Knife 58cm through PW 33.

M.O. 22

Hero Honda Passion Bike (Silver and red Coloour) PY 01 AG 8886 through
PW 34.

M.O. 23

Four Photos through PW 34.

M.O. 24

CD through PW 34.

M.O. 25

Three Photos through PW 34.

M.O. 26

CD through PW 34.

M.O. 27

Yellow Colour Apache Bike through PW 34.

M.O. 28

2.50cm Knife through PW 34.

M.O. 29

45cm Knife through PW 35..

M.O. 30

44cm Knife through PW 35.

M.O. 31

54cm Knife through PW 35.

M.O. 32

44cm Knife through PW 35.

M.O. 33

38cm Knife through PW 36.

M.O. 34

fUg;g[ epw Mzpfs;. E}y;. ghy;u!;. ngg;gh; Jz;Lfs; 4 through PW

79.

116
M.O. 35

70cm Knife through PW 89

M.O. 36

,uj;jf; fiu goe;j bts;is epw miuif nky; rl;il xd;W

through PW 98.
M.O. 37

,uj;jf; fiu goe;j iyl; ePy fyh; $Pd;!; ngz;l; xd;W through

PW 98. M.O. 38 ,uj;jf;; fiu goe;j fhf;fp miuif rl;il


xd;W/ through PW 98.

M.O. 39

bto kUe;J goe;j fpHpe;j $hf;fp `g[y; ngz;l; xd;W through PW

98.
M.O. 40

Brown Colour Belt - 1 through PW 98.

M.O. 41

Brown Colour Shoes 2No's through PW 98.

M.O. 42

,uj;jf; fiu goe;j rhf;!; ,uz;L through PW 98.

M.O. 43

,uj;jf; fiu goe;j fhf;fp miuif rl;il xd;W through PW

98.
M.O. 44

,uj;jf; fiu goe;j KGfhy; ngz;l; xd;W through PW 98.

M.O. 45

,uj;jf; fiu goe;j nuh!; bts;is rl;il through PW 98.

M.O. 46

,uj;jf; fiu goe;j bts;is gdpad; xd;W through PW 98.

M.O. 47

,uj;jf; fiu goe;j fUg;g[ fyh; ngz;l; xd;W kw;Wk;; bgy;l;


xd;W. through PW 98.

M.O. 48

,uj;jf; fiu goe;j fpHpe;j $l;o xd;W through PW 98.

M.O. 49

,uj;jf; fiu goe;j fh;rPg; xd;W through PW 98.

M.O. 50

ePy fyh; kw;Wk; bts;is fyh;; rl;il xd;W through PW 98.

M.O. 51

bts;is fyh; Kz;lh gdpad; xd;W through PW 98.

M.O. 52

ityl; fyh; ngz;l; xd;W through PW 98.

M.O. 53

btoj;J rpjwpa ghy;u!;fs; through PW 104.

M.O. 54

btoj;J rpjwpa ,Uk;ghyhd rpwpa Mzpfs; through PW 104.

117
M.O. 55

THh';fw;fs; 8 through PW 104.

M.O. 56

E}y; Jz;Lfs; through PW 104.

M.O. 57

ngg;gh; Jz;Lfs; through PW 104.

M.O. 58

`nghh;!; ntdpy; ,Ue;J Jilj;J vLf;fg;gl;l g";Rfs; through

PW 104.
M.O. 59

`nghh;!; ntdpy; ,Ue;J vLf;fg;gl;l buf;!pd;


Jz;Lfs; through PW 104.

M.O. 60

`nghh;!; ntdpy; ,Ue;J vLf;fg;gl;l ku gpist[l; Jz;Lfs;

through PW 104.
M.O. 61

Photos through PW 107.

M.O. 62

CD through PW 107.

M.O. 63

Post Mortem Photos through PW 107.

M.O. 64

CD through PW 107.

M.O. 65

Panimalar Bus Photosthrough PW 107.

M.O. 66

CD through PW 107.

M.O. 67

Photos 3No's by VAO through PW 107.

M.O. 68

CD through PW 107.

M.O. 69

Photos 3No's by VAO through PW 107.

M.O. 70

CD through PW 107.

M.O. 71

Photos of Nethaji Subash Chandra Bose Board through PW 107.

M.O. 72

CD through PW 107.

M.O. 73

Photos of Nethaji Subash Chandra Bose Board 2No's through PW 107.

M.O. 74

CD through PW 107. through PW122

M.O. 75

CD through PW 114. through PW122

M.O. 76

Blood stained broken glass pieces through PW122

M.O. 77

118
Ordinary glass pieces through PW122

M.O. 78

Blood stained black shoe 1 No. through PW122

M.O. 79

Blood stained sponge pieces through PW122

M.O. 80

9mm Pistol fired empty cartridge 4 Nos. through PW122

M.O. 81

7.62 SLR Riffle fired empty cartridge 2 Nos. through PW122

M.O. 82

Red colour Head Constable cap. through PW122

M.O. 83

Blood stained brown left leg leather chapel 1 No. through PW122

M.O. 84

Blood stained brown colour shoe 2 Nos. through PW122

M.O. 85

Damaged front side mirror of force van through PW122

M.O. 86

Metal road particles about 50 gms through PW122

M.O. 87

Blood stained metal road particles about 50 grms through PW122

M.O. 88

The uniform of PW1 along with all the set of objects like name badge,
whistle cord,belt, cap etc. through PW122

M.O. 89

One way bag 1 No, through PW122

M.O. 90

9 mm Pistol through PW122

M.O. 91

7.62 mm SLR Riffle through PW122

M.O. 92

Long Veech aruval identified by A7 through PW122

M.O. 93

Long Veecharuval identified by A11 through PW122

M.O. 94

Sample some quantity of particles of metal road through PW122

M.O. 95

Bomb blast material mixed with particles of metal road through PW122

M.O. 96

Gun Powder (200 grms) through PW122

M.O. 97

Long knife through PW122

M.O. 98

Gun Powder (100 gms) through PW122

M.O. 99

Gun Powder (100 gms) through PW122

M.O. 100

Long iron aruval identified by A17 through PW122

119
COURT DOCUMENT:
Ex.C. 1

jiyik brayhsUf;F vGjpa foj;jpd; efy; through PW 15.

SC No.09/2013

120

12.12.2014
Accused A1 to A27 produced.

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-01G-9961 is ordered to be returned to Government after
the appeal time is over. M.O.2. - Innova car PY-01AC-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

121

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.

III ADSJ
PONDY

122

123