STATE Vs. R PALANI

JUDGEMENT

(1.) The State through the learned Public Prosecutor has filed this petition under Section 482 Cr.P.C to call for the records in P.R.C. No.4 of 1989 on the file of the Judicial Magistrate, Polur, now pending before Assistant Sessions Judge, Thiruvannamalai in S.C.No.176 of 1989, quash the committal order dated 25.10.1989, and direct a fresh committal, after recording the evidence of approver Venkatesan. In support of the prayer made in the petition, E. Babu, Inspector of Police (Crime Branch), C.I.D., Vellore, North Arcot District, has sworn to an affidavit.

(2.) Facts in brief which led to the filing of this petition, will have to be narrated. On 14.10.1987, when K. Venkatesan (approver) then Sub-Inspector of Police, Chetpet Police Station, was in the Station house, at or about 1 p.m., Ponnurangam, Village Administrative Officer, Thachambadi informed him, that a female corpse was found inside the well of one Thulasi Mudaliar, and murder was suspected. On the direction of Venkatesan, Village Administrative Officer ascertained details of the corpse and forwarded a report through his thalayari to the Police Station at or about 3:30 p.m. The report stated that the corpse was that of Ambika, wife of Arumugham of Narasingarayanpet. There was suspicion whether the death was due to homicide or suicide.

(3.) Meanwhile, when the Village Administrative Officer had gone out to ascertain facts, after meeting Venkatesan at or about 1 p.m., the respondent Palani, then Inspector of Police, Law and Order, Polur, was informed over the telephone, by Venkatesan, of the information furnished by the Village Administrative Officer. The respondent informed Venkatesan, that he knew about 'this case' and that Venkatesan need not have to register any crime. The respondent further directed Venkatesan to proceed to the scene of occurrence and inform the relations of the deceased, that there was nothing to suspect in the death of Ambika, and that they could remove the dead body. Venkatesan disconnected the phone, since he felt, that the instructions issued by the respondent, were not tenable, under the circumstances. After lunch, Venkatesan returned to the police station. He registered Crime No. 213 of 1987 under the head 'suspicious death' on the report of the Village Administrative Officer and made a consequential G.D. entry. The G.D. entry made at 4 p.m. was to the effect, that Venkatesan was proceeding to the scene of occurrence along with police constables 1098 and 1779. The G.D. entry was left under the custody of para-police constable. At 4:30 p.m. on enquiry made at the spot, Venkatesan was satisfied, that there was suspicion in the death of Ambika and that already the Village Administrative Officer had forwarded a report to the Tahsildar. Venkatesan was of the view, that action cannot be dropped as advised by the respondent and hence he prepared the express first information report at the spot and forwarded copies of the same to the Judicial II Class Magistrate, Tiruvannamalai and Deputy Superintendent of Police, Tiruvannamalai. He noted, identification marks of the corpse. He directed the relations of the victim to arrange for a car, to take the dead body to the Government hospital at Polur for the conduct of post-mortem. At 6:15 p.m. a taxi was brought to the scene, to transport the dead body. At 6:30 p.m., the respondent arrived in a taxi bearing Registration No. MEQ6349, along with P.C.1779, who had already been despatched from the scene along with the express first information report by Venkatesan. The respondent questioned Venkatesan, as to why he had registered a crime, against his advice. Venkatesan replied, that on enquiry, he suspected something unnatural, in the death of Ambika, and that there was suspicion about the involvement of Sankar of Devikapuram, in the death of the victim. Venkatesan also informed about the village Administrative Officer having forwarded a report to the Tahsildar. The respondent directed Venkatesan to get into the car in which he was seated, the father and husband of the victim, stating that they were responsible for the murder. In the car, on being threatened by the respondent, both of them agreed, to abide by the directions of the respondent. The respondent directed both of them to take away the corpse and cremate it, by burning. On the advice of the respondent, both of them took the dead body to Narasingarayanpet in the same car, which had been brought to take the dead body, for the conduct of post-mortem. The respondent directed police constable 1098 and 1779 to return to the police station. He also directed them to make entries in their note books, on the basis of directions, to be issued by the Sub-Inspector of Police. When Venkatesan told the respondent, that he had made entries upto 3:30 p.m. already, the respondent took him in his car to the Chetpet police Station. While seated in the car, the respondent directed Venkatesan to get from the police station, the G.D. and the first information Report book. While Venkatesan was entering inside the police station, para constable enquired him of details, but he did not choose to reply. Venkatesan returned to the car, with the, documents suggested by the respondent. The car moved away from the police station. At or about 8 p.m., in the office of the Inspector of Police, Polur, the respondent tore off the first information report on which crime No. 213 of 1987 was registered as well as the G.D. entry and burned both of them inside his bath room. When Venkatesan told the respondent, that copies of the express first information report had already been despatched to the Deputy Superintendent of Police and the Magistrate through P.C.1779, the latter told him, that he had already obtained those documents and fed them to fire. When the act of the respondent was questioned by Venkatesan, the former asked him, not to be afraid and that he would take care of everything. The respondent returned the first information report book and G.D. to Venkatesan and asked him to strictly abide by his advice in future, if he was interested in his job. The respondent further directed him to prepare apt G.D. entries. After return to the police station, Venkatesan, afraid of his superior Officer, re-wrote the entire G.D. entries for 14.10.1987. When Police Constable 2509 Questioned him, on rewriting the G.D., he apprised him of all the details.