SHANTHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner s husband, one Palani, left his home around 06.00 hours on 21/10/2014 along with two others, by name, Muthusamy and Raja. He did not return home that day. The petitioner enquired with the two associates and was informed by Raja that they had gone fishing in the Palar river. While so, at around 2.00 a.m. on 22/10/2014, they had heard gun shots aimed towards them. Raja fell into the water and was seen struggling, but was rescued by Muthusamy.

(2.) In the statement recorded by the Senior Civil Judge, Kollegal under Sec. 200 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.) from Raja on 23/9/2019, he states that one of the bullets fired by the forest officials hit Palani and when he was immobilised, he was taken by the forest officials in their raft on the river. In his statement, he states that he was hit with a bullet in his right leg and hid behind a tree. Muthusamy escaped.

(3.) In her statement recorded before the Senior Civil Judge, Kollegal on 1/12/2018, the petitioner states that she searched for her husband the following two days unsuccessfully. On 24/10/2014 Kollathur Police informed her that they had found a dead body floating in the river towards the Karnataka border and asked her to identify the same. Accompanied by her children, she went and identified the body as that of her husband. The physical condition of the corpse, in her own words, is as follows: