ALAMELU Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) This is a pathetic case where a boon given by one hand was taken away by another hand of the same body. The petitioner, Alamelu is the sister of the detenu Chinnavan @ Saravanan, who was sentenced to undergo life imprisonment with three other accused in S.C. No. 51/2002 on 19.06.2003 by the learned Principal District Sessions Judge, Erode.

(2.) The detenu herein Chinnavan @ Saravanan was arrayed as A1 along with three others and were tried and convicted and sentenced for the following charges in S.C. No. 51/2002 on 19.06.2003 by the learned Principal District Sessions Judge, Erode.

(3.) A2 and A3 in the case filed Crl. A. No. 809/2004 and 100/2005 respectively before this Court, which was heard by a Division Bench of this Court. A1 and A4 did not file any appeal. The Division Bench heard the appeals of A2 and A3 and held that the prosecution had failed to prove the charge under Section 3(2)(v) of SC/ST Act and acquitted not only the accused who filed appeal, but also A1 and A4. The relevant portion of this Court's judgment dated 23.08.2006 in Crl. A. Nos. 809/2004 and 100/2005 are extracted hereunder: