EGAIARASAN ALIAS THIAGARAJAN ALIAS KUZHANDAI Vs. STATE

JUDGEMENT

(1.) THE appellants/Accused stand convicted in the following manner: Against the said conviction and sentence, the appellants have preferred the above appeals.

(2.) THE brief facts of the prosecution are that during the month of March 1988, at door No.4, Walajah Raod, Chennai, all the accused criminally conspired and in order to have separate Tamil Nadu, involved in unlawful activities along with Tamil Nadu Viduthalai Padai, collected guns, cartridges and gun powders and having ill-will against the Government and in order to embarrass the Government, they decided to demolish Nehru Statue in Kathippara at Guindy and explode T.V. Station at Kodaikanal by pasting posters, distributing pamphlets. In order to complete the task, after describing about the criminal conspiracy to one Vadivel @ Vadivel Ravanan @ THEnnavanko [P.W.3] and Shamugavadivelu @ Suresh [P.W.4], the accused persons during the months of March and April, 1988 had their conspiracy discussions at Chennai, Trichy, Kanchipuram and Kodaikanal. Both P.Ws.3 and 4 helped the accused financially in order to make the task successful. (b) On 04.04.1988, in the residence of A-6 situate at door No.NHC-364, Tamilnadu Housing Board, Anna Nagar, Navalpattu, Trichy, they prepared explosives and Pozhilan [A-1], Ilango [A-2] and P.W.3 supported financially to one Maran [since deceased] who involved in buying gun powders. On 14.04.1988, at 7.45 p.m., Maran [since deceased] and A-2 made a bomb to explode at TV Station at Kodaikanal and left the other bomb and pamphlets there and caused damage to the TV Station to the tune of Rs.2,745/-. In order to successfully complete the criminal conspiracy of causing damage to the public properties, A-1 financially supported A-2 and A-3. For that purpose, 25 Gelatin sticks, 4 detonators were purchased from Prabhakar on 07.04.1988 and at Rayapuram, Chennai, they prepared explosive bombs and taking pamphlets [containing words that will create difference among the united public] along with the bombs, on 10.04.1988, at 3.00 a.m., kept the bomb at the back side of the Nehru Statue at Kathipara, Guindy and made it exploded, thus causing a damage to the tune of Rs.3,806/-. (c) On 05.04.1988, Maran [since deceased] gave to A-6 the following items which were under the unlawful custody of A-6: 1.Carbon Machine 9 mm.-13810 2.Stengun rifle and 20 new cartridges 3.22-line cartridge-26 nos. 4.Black coloured Fuse Wire-6cm in length 5.Blackish blue coloured Fuse Wire-38cm in length 6.2 Sun brand Gelatin sticks 7.6-ordinary detonators 8.6-Electric Detonators (d) A-14 [Gunasekaran], A-10 [Kundalakesi], A-9-Deivamani, A-11-Tamizhiniyan, A-12 [Bavanandi], and A-13[Suresh] were having the following items unlawfully during the period of occurrence: A-14 [Gunasekaran}: 1.0.38 brand cartridge-107 nos. 2.0.45 brand cartridge-33 nos. 3.0.555 brand cartridge-60 nos. 4.7.65 mm. Cartridge-14 nos. 5.Lapua-38 and Lapua-38 [special]-28 nos. 6.0.45 cartridge-48 nos. [short] 7.0.65 cartridge-14 nos. [length] 8.0.55 mm. Cartridge-57 nos. 9.0.7 rifle cartridge-29 nos. 10.0.10 cartridge-1 no. 11.1 1/2feet length Gun powder fuse wire. A-10 [Kundalakesi]: 1.Mark 23 type cartridge-135 nos. 2.Mark 10 type cartridge-214 nos. 3.0.32 Pistol cartridge-38 nos. 4.0.22 type new cartridge-84 nos. 5.0.380 special pistol cartridge-40 nos. 6.Super Special Cartridge-1 A-9-Deivamani: [1] Country gun-1 no. (2) SW-0.38 special round cartridge-2 and (3) Lapua 0.38 special round cartridge-2 at door no.A/169,D.L.P.Colony, Block No.20, Vannarapettai, Chennai. A-11-Tamizhiniyan: [1] E.L.G.Pistol-1 [2] o.38 new cartridge-10 nos. [3] 0.9mm new cartridge-1 and [4] 0.380 new cartridge-1 A-12 [Bavanandhi]: [1] Gelatin sticks-4 [2] Electric Detonator-1 at Door No.17, Murugammal Street, Sengalvarayan Avenue, Kancheepuram. A-13 [Suresh]: [1] Electric Detonator-3 [2] Gelatin Sticks-6

(3.) CONTUSION over both upper arm. 5.CONTUSION over the hip. 6.Blast (multiple) injuries over the back." The doctor had opined that the injuries are grievous as per the Radiologist report (Ulnar nerve Paralysis (Right)) and the same is also grievous. He also sent the patient to Madurai Rajaji Government Hospital for further treatment. P.W.49, on the same day at 1.30 p.m., conducted autopsy on the dead body of Maran and Ex.P.49-the Postmortem Certificate wherein he found the following external injuries: "EXTERNAL INJURIES: Head is not found above the lower jaw some part of tongue and 3 teeth are present and on the back the portion of occipital bone is present. Blast deep injury is seen on the throat above the supra sternal notch. A big bomb blast collapsed injury over the left whole part of the chest. Crushed injuries seen on the left inguina area. Scrotum is not found except a piece of skin of scrotum. A blast deep crushed injury on the left thigh. A blast injury on right upper arm below the elbow taken away the rest of arm. A cut deep blast collapsed injury below the knee taken the rest part. No external injuries on the abdomen." The doctor had opined that the deceased would appear to have died of extensive multiple blast injuries to the vital organs and head injuries, vessels crushed and haemorrhages due to explosives. He also opined that injury No.1,2 and 6 are possible due to bomb blast." (k)P.W.61, the Investigating Officer continued the investigation and recovered M.O.52-bag, M.O.54-the urea bag collected from inside M.O.52, M.Os.55 and 56- two tins containing gelatin detonators, M.O.101 series-white cloth used to cover M.Os.55 and 56, M.O.57-a plastic box containing battery cell, M.O.102-broken alarm time piece, M.O.58-a three pin plug, M.O.10-box, M.O.59-torch, M.O.60-blood stained earth and M.O.61-sample earth, under the cover of Mahazar Ex.P.30. He also recovered M.O.62 series-broken glass pieces from the Assistant Engineer Room of the TV Station under a cover of Mahazar Ex.P.31. He placed the records before P.W.68, the Deputy Superintendent of Police, CBCID, Madurai for further investigation. (l)In the mean time, P.W.66-the Deputy Superintendent of Police, CBCID, Chengalpattu, on getting oral instructions from Deputy Inspector General, took up the investigation in Crime No.250 of 1988. On 15.04.1988, he recorded the statements of P.Ws.45 and 40. On 26.05.1988 and 01.06.1988, he received the statements given by A-6 and P.W.3 before the Court concerned. P.W.42, learned Judicial Magistrate No.1, Madurai, on 12.04.1988 at 10.15 a.m., went to Madurai Rajaji Government Hospital to record the dying declaration-Ex.P38 of A-2 [Ilango] on receiving Ex.P.37-requisition. P.W.41, the learned Judicial Magistrate No.2, on getting instructions from the learned Principal District Judge, on 31.05.1988 at 4.30 p.m., recorded the statement of P.W.3 under Ex.P.35. P.W.44, the learned Principal District Judge sent summons to P.W.3 who appeared before him and accepted the confession given before the learned Judicial Magistrate NO.2, Nilakottai and P.W.44 issued orders stating to treat the said Vadivel Ravanan as prosecution witness. (m)P.W.66, the Deputy Superintendent of Police, On 26.05.1988, at 3.15 p.m., sent P.W.59, the Inspector of Police to Esplanade Police Station to arrest A-8 in the presence of P.W.47. The accused/A-8 voluntarily came forward to give a confessional statement, the admissible portion of which is marked as Ex.P.44, pursuant to which at 6.30 p.m., M.O.68-book was recovered under the cover of Mahazar Ex.P.45. On the next day, A-8 was produced before the Saidapet Court and all the materials were sent to the Court concerned. On 06.06.1988, on receiving information, sent P.W.52 to arrest A-5, who after arrest was produced before the Saidapet Court on 07.06.1988. (n)P.W.66, on 04.07.1988, at 5.00 p.m., arrested P.W.4 in the presence of P.W.46 and one Mohammed. P.W.4 gave a statement pursuant to which M.O.65-Silver Plus Motor cycle belonging to P.W.37, bike keys-2, R.C.Book were recovered under Ex.P.43-Mahazar. P.W.4-Shanmugavel sent a requisition Ex.P.68 to concerned learned Judicial Magistrate to give a confessional statement. The Investigating Officer sent a petition under Ex.P.89 to District Collector, Chengalpattu, to register a case against A-4, A-5 and A-8 under the Explosives Substance Act, 1908 and received the Collector's order under Ex.P.63. P.W.57, the learned Judicial Magistrate followed the proceedings and recorded the confessional statement-Ex.P.70, of P.W.4. (o)P.W.60, the Inspector [Special Branch], CBCID, on 10.05.1988, on getting instructions from the Deputy Superintendent of Police, CBCID, Madurai to investigate upon the deceased Maran and A-6 who was one of the associate of the Movement run by Maran, went to C-364, Housing Board Colony, Anna Nagar along with the Village Administrative Officer Ramalingam and one Thiyagarajan, to recover the material objects in Exs.P.92,6,73,70,93,94,7,5,8,9,96,10,12,11 and 97 under Ex.P.4-Mahazar. Then P.W.60 prepared a printed First Information Report under Ex.P.73 against A-6 under the Explosives Substance Act, 1908. P.W.62-the learned Judicial Magistrate, Chengelpattu, on 23.091.988 tendered pardon to P.W.4 under section 306, Cr.P.C. through Ex.P.80. P.W.67 states that the learned Judicial Magistrate No.1, Trichy, recorded the confessional statement of A-6 by following the procedures contemplated under the law through Exs.P.91 and 92. (p)P.W.48-T.A.Ravindran, rented a portion of his house to Perunchithiranaar and his son A-1 under an agreement, Ex.P.46. P.W.56, the Sub Inspector of Police, on 03.07.1988 at 12.30 p.m., registered a case against one Arputharaj in Crime No.441 of 1988 under section 3 of Indian Arms Act when he was handed over to him by P.W.68-the Deputy Superintendent of Police and prepared Ex.P.67 the printed First Information Report and sent it to the Court concerned. In the presence of P.W.30, A-1 gave the pistol to the police which was recovered under a cover of Mahazar-Ex.P.24. P.W.55-the Sub Inspector of Police of Ammapet Police Station, Salem, on 05.06.1988 at 2.45 p.m., registered a case in Crime No.453 of 1988 under section 9(b) of Explosives Substance Act, based on the material objects handed over by P.W.68 and Ex.P.66 is the printed First Information Report. P.W.5, the Sub Inspector of Police of Tiruvanandapuram Airport Police Station, on 12.04.1988, gave the details about A-15 [Balachandran] who traveled to Srilanka and also verified his passport bearing No.054927. P.W.64 gave Ex.P.83-Chemical Analyst Report after examining the articles sent to him. P.W.66, the Investigating Officer on 15.3.1991 at 6.15 p.m., arrested A-15 at Tambaram Bus Stand, Chennai in the presence of witnesses and recovered M.Os.109,110 and 11 through Ex.P.90-Mahazar. (q)P.W.68-the Deputy Superintendent of Police, Madurai, on 14.04.1988, on getting instructions from P.W.66, took up investigation in Crime NO.70 of 1988 and examined the witnesses. On 17.04.1988, he met P.W.66 with regard to the case registered in Crime NO.70 of 1988 and continued his investigation in Vellore and Pothanoor as regards A-2. On 28.04.1988, he enquired A-6 and examined the material objects recovered on 12.04.1988 by P.W.60. On 12.05.1988 between 4.00 p.m. and 5.00 p.m., based on the statement given by A-6 regarding the Tamil Nadu Viduthalai Paadai Movement headed by A-1 and the participants Maran [since deceased], A-15, A-2, P.W.3 and A-7, the Investigating Officer conducted a search in A-7's residence and recovered M.Os.13,112,11,23,14,16,115,17,116,19,21,22,20 in the presence of P.W.13 through Ex.P.5. He also took up the investigation in Crime No.144 of 1988 and on 10.04.1988, he went to Trivandrum Airport; examined P.W.5-P.K.R.Nair and recovered Exs.P.3 and 93. On 18.05.1988, at 2.00 p.m., he arrested P.W.3 and he showed the photograph of the deceased Maran to P.W.3 and the witness and confirmed that it was Maran who died in the occurrence that had taken place on 11.04.1988. He also sent a petition to the Magistrate Court concerned to record the statement of P.W.3 and he also received the statement given by A-6 under section 164 Cr.P.C. Since the cases in Crime Nos.144 of 1988 and 70 of 1988 are connected ones, the Investigating Officer sent a requisition to the learned learned Judicial Magistrate No.3, Trichy, to send all the documents to Nilakottai Judicial Magistrate Court. (r)P.W.68, the Deputy Superintendent of Police, on 30.05.1988 at 11.00 p.m., he arrested A-7 at Kajamalai, Trichy in the presence of P.W.10 and one Balasubramanian. He also sent a requisition to the Court concerned to record the statement of A-7 under section 164 Cr.P.C. On 04.06.1988, as per the directions of Nilakottai learned Judicial Magistrate, he took A-2 for police custody and based on the confessional statement given by A-2 in the presence of P.Ws.16 and 18, A-2 identified P.W.19-Shanmugam's house from where gelatin sticks-140 nos.,Electric Detonators-17, Two Fuse Thread bundles were recovered through Ex.P.8-Mahazar in the presence of P.W.17. P.W.63-learned Magistrate recorded the confessional statement-Ex.P.82, of A-7. P.W.68 handed over the material objects recovered from P.W.19's house to P.W.55-the Inspector of Police, Ammapet Police Station, based on which a case came to be registered against P.W.19 in Crime N0.463 of 1988 under section 9(b) of the Explosives Substance Act, the printed First Information Report of which is marked as Ex.P.66. (s)P.W.68, the Investigating Officer on 06.06.1988 at 11.00 a.m., went to Kodaikanal and enquried P.Ws.21 and 22 who were employed under P.W.20-Mustafa's lodge and recovered Exs.P.13 and 6-the Lodge Register and bill pertaining to the purchase of the alarm time piece. On 08.06.1988 at 6.00 p.m., A-2 was sent for judicial remand. On the same day P.W.12 was enquired and his statement was recorded. On 21.06.1988, he enquired and recorded the statement of P.W.49-the doctor who treated A-2 and conducted postmortem of the deceased Maran. On 27.06.1988 A-2 was directed to be kept under custody under the National Security Act as per the direction of the District Collector, Dindigul. On 28.06.1988, the Investigating Officer arrested A-1 and A-3 in the Palladam A.P.Sheik lodge in the presence of P.W.23 and on Songoda Kounder. A-1 gave a confessional statement, the admissible portion of which is marked as Ex.P.20, pursuant to which on 30.06.1988 at 10.00 a.m., A-1 identified the house of A-14 from where in the presence of P.W.65 and the said Songoda Kounder, M.Os.104,80,81 series,82 series, 83 series, 84 series, 85 series, 86 series, 87 series, 89,117,118,18,119,20 were recovered through Ex.P.84-Mahazar. He also arrested A-14. Later, the Investigating Officer went to Triplicane at 12.00 noon and arrested A-10 in pursuance of the identification of A-10 by A-1 and recovered M.Os.105, 72,71,74,75,76,106 through Ex.P.85-Mahazar in the presence of the same witnesses. At 1.30 p.m., he recovered M.O.108 from the office of Ulaga Tamizh Munnetra Kazhagam situate at Walajah Road through Ex.P.86-Mahazar. At 3.00 p.m., he arrested A-7 and recovered M.Os.17,77,78 series and 79 series through Ex.P.87-Mahazar in the presence of the same witnesses. All the arrested accused [A-14, A-7, A-10 and A-1] were produced before the learned II Metropolitan Magistrate, Saidapet. (t)A-3 identified the house to P.W.68, the Deputy Superintendent of Police where the bombs were prepared. On 01.07.1988 at 10.00 a.m., A-1 identified A-12 [Bavanandhi] at Kancheepuram and recovered from A-12's house, four gelatin sticks, one electric detonator through Ex.P.22-Mahazar in the presence of P.W.28. At 12.30 p.m., A-3 identified A-11 and A-11 was arrested and from his house M.Os.25, 26 series, 27 series, 28 and 29 through Ex.P.23-Mahazar in the presence of the same witnesses. A-11 and A-12 were produced before the learned Judicial Magistrate, Kancheepuram and got their remand extended. On the same day, at 4.30 p.m., he came to Aarani and pursuant to the identification of A-3, the Investigating Officer recovered from the shop of the witness Prabakaran, gelatin sticks-89, detonators-76, Ordinary fuse wire of detonator-19, another fuse wire 284 through Ex.P.18-Mahazar in the presence of P.W.25-Kumar. On identification of P.W.25, the Investigating Officer recovered material objects through Ex.P.19-Mahazar from one Vanitha's house. All the material objects recovered were submitted to P.W.54-the Inspector of Police along with a separate Report, based on which P.W.54 registered a case in Crime No.384 of 1988 under section 9(b) of Explosives Substances Act and prepared Ex.P.64-printed First Information Report. He also registered a case against Vanitha in Crime No.394 of 1988 under section 9(b) of the Explosives Substance Act and Ex.P.65 is the printed First Information Report. (u)P.W.68, in continuation of his investigation, on 02.07.1988 went to Kanchipuram and recorded the statements of P.W.27 and one Thanigaiarasu. On the same day, he recovered Ex.P.94 from P.W.15. Then, A-3 identified the house of A-13 at Pondicherry pursuant to which M.Os.121,125 series, 12 series and some gelatin sticks and electric detonators-3 were recovered through Ex.P.95-Mahazar. He also arrested A-5 [Veeramani] whose remand was extended till 04.07.1988 after getting approval from the learned Magistrate concerned. On From the house of V.N.Arasu, material objects were recovered through a Mahazar pursuant to the identification of A-1. On 04.07.1988 the Investigating Officer came to Madurai and A-1 and A-3 were sent for judicial custody. A-13 was kept under police custody. On 21.07.1988, the Investigating Officer went to Kodaikanal and enquired P.Ws.1 and 31 and one Vijayan and recorded their statement with regard to the damages to the TV Station. (v)P.W.50 examined the cartridges and pistols and gave Exs.P.52 and 54-Reports respectively. P.W.51 compared the signatures of A-1 and A-2 in M.Os.1 to 4 and gave a report through Ex.P.57 opining that the signatures in the material objects well suits the signatures of A-1 and A-2. P.W.68, on 12.09.1988 sent Vadivel Ravanan to Court concerned who was willing to turn as a prosecution witness. On 21.09.1988, P.W.44-the learned Principal District Judge, Madurai, tendered pardon to P.W.3 and he accepted Vadivel Ravanan as Prosecution witness through Ex.P.42. On 13.10.1988, he sent a requisition under Ex.P.96 to the Forensic Lab to examine the pistol recovered from A-14. He also sent Ex.P.97-requisition to the District Collector, Dindigul, to register cases against the accused persons under the Explosives Substance Act and Indian Arms Act to which course the District Collector gave orders through Exs.P.39 and 40. On 14.12.1988, P.W.68, the Deputy Superintendent of Police came to Chennai and since the crime committed in both the crime Nos.250 of 1988 and 70 of 1988 are by one and the same group, he along with P.W.66 were instructed to file a common First Information Report to which course, the examined the orders issued by the District Collector. On 15.03.1991 at 6.30 p.m., A-15-Sekar was arrested and he was sent for judicial remand on the next day. On 25.04.1991, a petition was filed to keep A-15 in custody under National Security Act. One Sundaram, the accused in this case remained absconding. On completing the investigation, the Investigating Officer filed the final report against all the accused persons including Sundaram under sections 120(b) and 427 IPC read with Section 3,4,5 and 6 of the Explosives Substance Act; Section 4 of PPD Act and Section 3 read with 25(1)(b)(a) and section 27 of Indian Arms Act. Since the said Sundaram was absconding, a separate case in Crime No. 03 of 1993 was taken up for investigation. Before the Trial Court, the prosecution examined 68 witnesses, marked 99 exhibits and produced 125 material objects. On the side of the defence, 6 exhibits were marked.