SOMASUNDARAM Vs. STATE

JUDGEMENT

(1.) Six appeals arise out of a common judgment rendered the High Court confirming the conviction and sentence of the appellants by the Trial Court. The earliest of the aforesaid appeals, i.e., Criminal Appeal No. 403 of 2010, is filed by the fourth accused. Criminal Appeal No. 827 of 2013 and Criminal Appeal No. 828 of 2013 are filed by the third and the fifteenth accused, respectively.

(2.) The appeals filed by the third, fourth and fifteenth accused came to be heard by a Bench of two learned Judges. There was a cleavage of opinion among the learned Judges. One learned Judge (Justice V. Gopala Gowda), by his Judgment, proceeded to acquit the accused while Justice Arun Mishra dismissed the appeals. The Judgment rendered by the two learned Judges is reported in Somasundaram alias Somu v. State Represented by Deputy Commissioner of Police, (2016) 16 SCC 355. After the judgment was rendered, it is that the other appeals came to be filed by the other accused. They are as follows:

(3.) On M.K. Balan (hereinafter referred to as 'the deceased', for short), who was an Ex. M.L.A., was reported to be missing by his son-PW1 after he went for his morning walk on 30.12.2001. On the basis of the complaint, law was set in motion. PW67-Inspector of Police, took over the investigation on 12.01.2002 from PW66. It was, in fact, PW66, who initially conducted investigation. PW66 has spoken about information of the absconding person being given to the Police Control Room and to all Police Stations by wireless. He has sent photograph of absconding person to be published in the daily newspapers. Inquiry was conducted in hospitals. He has examined a large number of witnesses. It is, as noted, on 12.01.2002, further investigation was taken over by PW67-Deputy Superintendent of CBCID.