S KRISHNAMOORTHY Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) DECLARING that S.Krishnamoorthy and K.Palani who are implicated in S.C.No.117 of 2002 pending before the Special Court constituted under SC/ST PA Act, at Madurai, as accused No.2 & 3 as having the said S.Krishnamoorthy has committed rape and murder of Sujatha D/o. of Sevugan on 28.04.1997 and burnt the said dead body with the assistance of K.Palani, are innocent and they are falsely implicated as the alleged deceased was produced on 10.11.2006 before the trial Court; (b) Directing the 1st and 2nd respondents to take steps for registering first information report with regard to the illegal confinement, torture, violation of Human Rights and malicious prosecution in S.C.No.117 of 2002 pending before the Special Court constituted under SC/ST PA Act, at Madurai, of S.Krishnamoorhty, S/o. Srinivasan and Palani S/o. Kalimuthu the residents of Pudukkottai by the Police Personnel such as the Ramanathapuram then S.P.Mr.Kannappan, the then Thiruvadanai Dy.S.P. Mr.Rajagopal, Mr.Madhavan, the then Inspector of Thondi Police Station, Bhaskaran the Inspector, Dhasarathan, the then Sub-Inspector of Police of S.P.Pattanam, Rajamani, the then head constable of S.P.Pattanam, the striking force Head Constable, Swamithurai and other Constables served under him and G.M.Sundaram Dy.S.P., CBCID, Madurai and his subordinates and hand over the same to the 5th respondent; (c) Directing the 5th respondent to entrust the investigation to an efficient Officer not below the rank of the Dy.S.P. under the direct supervision of the Joint Director Chennai to investigate the violation of Human Rights of 1.S.Krishnamoorthy, 2.K.Palani, 3.S.Ramachandran, 4.Anbu, 5.Alex, 6.Babu, 7.Vekatesan, 8.Mohan, 9.Balu Thevar, 10.Rajesh, 11.Annadurai, 12.Murugan, 13.Raja who are all the residents of Pudukkottai Town; (d) Directing the 1st respondent to pay fair and just amount of compensation to S.Krishnamoorthy and K.Palani for falsely implicating and for the malicious prosecution in S.c.No.117 of 2002 pending before the Special Court constituted under SC/ST PA Act, at Madurai; (e) Directing the first respondent to pay a reasonable relief amount to the affected victims whose names are shown in prayer (b) pending the investigation; and (f) passing such further or other orders as this Court may deem fit and proper in the circumstances of the case.) The two innocent persons under the garb of petitioners have touched the empathetic approach of this Court by way of filing the present petition under Section 482 of the Code of Criminal Procedure for getting the reliefs as stated infra: (a)to declare that the petitioners are innocent persons and they have been falsely implicated in the Sessions Case No.117 of 2002; (b)to direct the respondents 1 & 2 to register the First Information Report with regard to illegal confinement, torture, violation of human rights and malicious prosecution meted out by the petitioners; (c)to direct the fifth respondent to entrust the investigation to an efficient Officer not below the rank of Deputy Superintendent of Police under the direct supervision of Joint Director, Chennai to investigate the alleged violation of human rights; (d)to direct the first respondent to pay fair and adequate compensation to the petitioners for having been falsely implicated them in Sessions Case No.117 of 2002; (e)to direct the first respondent to pay reasonable amount to the affected victims; and (f)to pass such other and further reliefs as the Court may deem fit and proper in the circumstances of the present case.

(2.) BEFORE cogitating the merits and demerits of the present petition, it would be apropos to perorate the milieu under which the present petitioners have been implicated as accused in Sessions Case No.117 of 2002.

(3.) THE prosecuting agency somehow or other has obtained a confession statement from the prime accused viz., Karmegam, wherein it has been stated that the present petitioners have also involved in the alleged crime. On the basis of the confession alleged to have been given by the said Karmegam, the petitioners have been bought under the penumbra of investigation and subsequently the petitioners have been arrested.