SELLAMUTHU S/O MARIAPPAN Vs. STATE

JUDGEMENT

(1.) The appellants, who are arrayed as A.15 and A.14 in S.C.No.3 of 2019 on the file of Special Court for trial of cases SC / ST (Prevention of Atrocities Act), Cuddalore Division, Cuddalore, for offences punishable under Sections 217, 218 IPC and under Section 4 of SC/ST (Prevention of Atrocities Act), 1989, have filed this appeal, seeking to set aside the order dated 13.02.2020 passed in Crl.M.P.No.13 of 2020 in S.C.No.3 of 2019.

(2.) The contention of the appellants is that the appellants are arrayed as A.15 and A.14 respectively in S.C.No.3 of 2019. Initially, the appellants were charged for offences u/s.217, 218 IPC and under Section 4 of SC/ST (Prevention of Atrocities Act), 1989. Thereafter, P.W.1/de facto complainant had belatedly filed a petition under Section 216 Cr.P.C. for adding the charges against the accused A.14 and A.15 also for offence under Section 3 (2) (i) of SC / ST (Prevention of Atrocities Act), 1989. The trial Court, by order dated 13.02.2020, accepting the contention of P.W.1 had allowed the petition and added the charges against the accused A.14 and A.15 under Section 3 (2) (i) of SC / ST (Prevention of Atrocities Act), 1989. Challenging the same, the present appeal is filed.

(3.) The case of the prosecution is that on a complaint filed by K.Ashokan, Village Administrative Officer, Kuppanatham Village, a case in Crime No.356 of 2003 was registered on 17.07.2003, by the Virudhachalam Police for offences punishable under Sections 147, 302 and 201 IPC, against 8 persons out of which four from the SC / ST Community and four from the Vanniyar Community. The case is that the daughter of the 1st accused was studying B.Com through Correspondence Course in Annamalai University and P.W.1/ Samikannu's son Murugesan was studying Chemical Engineering in Annamalai University, both developed love affair with each other. The girl belongs to Vanniyar community and the boy belongs to SC community. On 05.05.2003 both of them eloped, got married and they were living together. On 03.07.2003, whereabouts of them were found and on 08.07.2003 both of them were brought forcibly and administered poison by the accused. P.W.1's son was also inflicted with cut injury on his jaw and neck and earlier to it, he was brutally attacked. Both the young couples died due to the forcible poisoning and later their bodies were burnt to destroy evidence. This had taken place on 08.07.2003 and no complaint was lodged to the Viruthachalam Police Station. Later, on the complaint given by the Village Administrative Officer, a case was registered against eight persons out of which four from the SC / ST Community and four from the Vanniyar Community. With an intention to close the case, and do give a decent burial persons from both community were made accused. Only on 17.07.2003, A.15 / Sub-Inspector of Police, the 1st appellant herein, who is the Investigating Officer and A.14 / Inspector of Police, the 2nd appellant, registered an FIR in Crime No.356 of 2003. Initially the case was registered for offence under Section 147 , 302 and 201 IPC. During the pendency of the trial, Ilayaperumal, Kannadhasan and C.Ayyasamy filed petitions in Crl.O.P.Nos.31572, 31850 and 31851 of 2003 before this Court. This Court transferred the investigation in Crime No.356 of 2003 to CBI. On 21.05.2004, CBI registered the case as RC.No.3(S)/2004/CBI/SCB/Chennai and took the investigation. During investigation, it revealed 13 persons were involved in the commission of the above offence. On 21.01.2005, CBI filed a charge sheet as per Section 173 Cr.P.C., before the jurisdictional Court i.e., Chief Judicial Magistrate, Chengalpet, against A1 to A13 for the offences punishable under Sections 120 B r/w. 147, 347, 364, 302 and 201 IPC and under Section 3(1)(X) and 3(2)(V) of SC/ST (Prevention of Atrocities) Act, 1989. The officials of Virudhachalam Police Station viz., Tamilmaran, the Sub Inspector of Police [A14] and Sellamuthu, The Inspector of Police [A15], the appellants herein, failed to act on the complaint given by the mother of the deceased Murugesan and also being public servants, maliciously formed incorrect records and showed false recovery with an intention to save the real accused persons from legal punishment. Hence, they were charged for offences punishable under Sections 217 and 218 IPC. As far as the accused in Crime No.356 of 2003, A.Anbalagan [A4], Illyaperumal [A5], Kannadhasan [A6], and C.Samikannu [A7,] were concerned, they got discharged since there was no evidence against them. Thereafter, the case was taken cognizance by the Principal District and Sessions Court, Cuddalore, in S.C.No.185 of 2010 and trial commenced and during pendancy of trial, slew of petitions were filed. The particulars of the same are given below: <FRM>JUDGEMENT_108_LAWS(MAD)10_2020_1.html</FRM>