KARUPPIAH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) One Karuppiah, elder brother of one Murugesan, who was the President of Melavalavu Panchayat in Madurai District, has filed the above petition under Section 482 of the Code of Criminal Procedure praying for direction to the State of Tami l Nadu to appoint Mr. K.G. Kannabiran, Senior Advocate, Secundrabad as Special Public Prosecutor to conduct Criminal Appeals arising out of S.C.No.10 of 2001 dated 26-7-2001 on the file of Special Judge (under SC and ST Act) (Principal sessions Judge), S alem, including C.A.Nos. 803, 871, 863 of 2001 before this Court. (Order of Court was made by P. Sathasivam, J.,) One Karuppiah, elder brother of one Murugesan, who was the President of Melavalavu Panchayat in Madurai District, has filed the above petition under Section 482 of the Code of Criminal Procedure praying for direction to the State of Tami l Nadu to appoint Mr. K.G. Kannabiran, Senior Advocate, Secundrabad as Special Public Prosecutor to conduct Criminal Appeals arising out of S.C.No.10 of 2001 dated 26-7-2001 on the file of Special Judge (under SC and ST Act) (Principal sessions Judge), S alem, including C.A.Nos. 803, 871, 863 of 2001 before this Court.

(2.) In the affidavit filed in support of the above application, it is stated that the petitioner herein is the elder brother of one Murugesan, who was the President of Melavalavu Panchayat in Madurai District. The said post was reserved for the members of Scheduled Castes. His brother Murugesan was duly elected as President of Melavalavu Panchayat on 31-12-1996. One Mookan was elected as Vice-President of the Panchayat. He was also a member of the Scheduled caste. These two along with t wo village Assistants and some others were returning to their village from Madurai on 30-6-1997, after representing to the District Collector of Madurai for disbursing the relief amount to those whose houses/huts were gutted on 9-9-1996 at the instance of persons belonging to Kallar community. At 3.15 P.M. on 30-6-1997, the bus was intercepted at Melur-Natham Road at Sennagarampatty junction by a mob of 50 persons and above and the bus was forcibly stopped by one Duraipandi. The members of the mob wer e armed with deadly weapons. They hurled abuses at Murugesan and others by mentioning the caste name, chased them and brutally murdered Murugesan, Chellathurai and Sevamoorthy. In the same incident, Raja, Boopathy and Mookan were also murdered. The hea d of Murugesan was severed from the body by the assailants and it was thrown in a well nearby.

(3.) A case in Crime No.508/97 was registered by Melur Police Station. After investigation, charge sheet was filed by the second respondent herein as against 41 persons for offences under Sections 147, 148, 307, 341, 302 read with 120-B IPC and Sections 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.