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Tamil Nadu
Conviction set aside
Staff Reporter
MADURAI: The Madras High Court has set aside conviction and 9-year rigorous imprisonment imposed on five persons in an attempt-to-murder case on the ground that the police had “schemingly” suppressed the earliest complaint.
Allowing their criminal appeals filed before Madurai Bench, Justice A. Selvam found only two of them implicated in the first information given to the police by one of the injured witnesses. But that complaint was suppressed and the appellants were prosecuted based on another complaint drafted subsequently.
The Jaihindpuram police here had registered the case against ‘Muttaikan’ Ramachandran, Sekar alias ‘Madras’ Sekar, Thavakumar, Murugan alias Thiru Murugan and Ayyappan alias ‘Vedikundu’ Ayyappan for attacking a group led by Virumandi with deadly weapons in front of a wine shop on June 30, 2002.
The Additional and District Sessions Court, on January 17, 2006, sentenced the accused to undergo 9-year rigorous imprisonment under Section 307 (attempt to murder), 3-year under Section 506 II (criminal intimidation), one year under Section 148 (rioting armed with deadly weapon) and one more year under Section 147 (rioting) of Indian Penal Code.
Mr. Justice Selvam said a perusal of the records would show that one of the injured witnesses had given a statement to the police at the place of occurrence wherein he named only two accused. The prosecution had suppressed that complaint. Hence, the conviction could not be sustained though some of the prosecution witnesses had specifically stated the overt act committed by each and every accused.
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