![]() Online edition of India's National Newspaper Wednesday, Oct 26, 2005 |
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Tamil Nadu
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Coimbatore
Staff Reporter
Coimbatore: "Mere suspicion, however strong it could be, cannot be construed as an incriminating evidence for punishing the accused," observed the Principal District Sessions Judge, A. Rathnavelu, while acquitting eight accused in the murder of a Communist Party of India (Marxist) functionary. They were arrested in connection with the murder of a CPI (M) functionary and Iduvai Panchayat president, Rathinasamy, on March 12, 2001. His body was found hanging from a neem tree near Iduvai. The case, which was investigated initially by the Coimbatore Rural Police, was subsequently transferred to the CB-CID. Eight persons -- Jagannathan, Selvaraj, Senniappan, Palanisamy alias Kattupalanisamy, Velusamy, Easwaran, Uthandaraman alias Ramukutty and Ramesh alias Ramesh Kumar -- were arrested. A case was registered against them under Sections 120 B (conspiracy) read with 302 (murder), 147 (unlawful assembly), 148 (unlawful assembly with deadly weapons), 364 (kidnapping), 346 (wrongful restraint with an intention to commit capital offence), 302 (murder) and 302 read with 149 (unlawful assembly with deadly weapons with an intention to commit an offence and liability on the members of the unlawful assembly) of the Indian Penal Code. The prosecution cited 43 witnesses, 60 exhibits and 48 material objects. The case was based on the depositions of two prosecution witnesses, `Muyal' Govindan and Murugan on July 18 and 31, 2004 respectively. Applying the doctrine of benefit of doubt, he concluded that the prosecution had failed to prove the charges beyond reasonable doubt. Hence, he acquitted them under Section 235 (1) of Criminal Procedure Code.
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