STATE Vs. MURUGAN

JUDGEMENT

(1.) This is a pathetic case where a police driver viz. Paul Arumaidurai, while discharging his duties was butchered and killed by a mob with nearly 20 injuries in the police station itself;

(2.) As against the Judgment dated 18.7.2002 of the Additional Sessions Judge.(Fast Track- Court No. I), Tirunelveli in S.C. No. 291 of 1935, acquitting all the accused by giving the benefit of doubt, the State has preferred the present Criminal Appeal.

(3.) The background facts of the case, in a nutshell put forth by the prosecution through oral and documentary evidence are as follows:- On 28.10.1992 at 5.00 p.m., P.W.15 - Pathamuthu-Sub Inspector of Police arrested A-31-Ramachandran and A-32- Chidambaram in connection with Valliyoor Police Station. Crime No. 450 and 451 of 1992 for the offence under Section 20(1) (b) NDPS Act and they were kept in Valliyoor Police Station to be sent for remand. The first accused - Murugan is the brother, of A-31- Ramachandran. In order to rescue A-31 and A-3 2, A-1 along with other accused formed an unlawful assembly and in prosecution of common object, they trespassed into the police station and damaged the property. At that time, PWs.1,2 and 4, who are the police personnel were present there. When all the accused attempted to rescue A-31 and A-32, the police constable Paul Arumaidurai resisted them. A-31 and A-32 instigated other accused to kill the police constable and therefore, A-1 and A-2 dragged him from the police station and A-1 to A-3 and A-5 to A-7 cut him with aruval and murdered him. The other accused were being the member of unlawful assembly and committed the offence on the basis of complaint given by one Head Constable Velu under Exhibit P-24, P.W.15 -Sub Inspector - Parthamuthu registered a case in crime No. 452 of 1992 for the offence under Sections 147, 148, 149, 452, 427, 224, 225, 307, 302 and 109 I.P.C. The Printed F.I.R is Exhibit P-25. He had forwarded the complaint and the printed F.I.R. to the Court as well as to higher officials. P.W.20 - Revenue, Division officer on receipt of the information, went to Valliyoor Police Station at 2.15 a.m., and obtained the F.I.R. He took up the investigation. He prepared Observation Mahazar under Exhibit P-9 and Rough Sketch under Exhibit P-28. Around 4.15 a.m., he conducted inquest over the dead body of the victim and the Inquest Report is Exhibit P-29. He Forwarded the dead body along with a requisition, on 29.10.1992 at 12.15 p.m., P.W.6 conducted the post mortem and she found following 20 injuries on the body of the deceased: