VENKATESAN (A.2) Vs. STATE REPRESENTED BY INSPECTOR OF POLICE, CRIME BRANCH, C.I.D., CUDDALORE. (CRIME NO.44/1991 REGISTERED ON THE FILE OF THE PUTHUR POLICE STATION)

JUDGEMENT

(1.) The appellants in Crl.A.No.246 of 2014 are the accused 2 to 5, 7 & 9; the appellant in Crl.A.No.252 of 2014 is the 8th accused; the appellant in Crl.A.no.253 of 2014 is the 6th accused and the appellant in Crl.A.No.304 of 2014 is the 1st accused in S.C.No.12 of 2001 on the file of the learned Sessions Judge for exclusive trial of bomb blast cases, Chennai at Poonamallee. They stood charged for various offences as detailed below:- <FRM>JUDGEMENT_153_LAWS(MAD)2_2017_1.html</FRM> By judgment dated 20.03.2014, the trial Court convicted all the nine accused and sentenced them under various charges as detailed below:- <FRM>JUDGEMENT_153_LAWS(MAD)2_2017_2.html</FRM> The 8th accused is acquitted from the charge under Sec. 4 of the Explosives Substances Act, 1908.

(2.) The case of the prosecution, in brief, is as follows:- These nine accused and one Mr.Lenin @ Mahalingam @ Ganesan, since died, and one Mr. Elangomani (Approver), were all members of a separatist organization known as Tamilar Vidudalai Padai(<FONT FACE="ELCOT-Kovai"><FONT SIZE="4" STYLE="font-size: 15pt">jkpHh; tpLjiy gil. The said organization was founded to separate the area where Tamil speaking people are living in the country and to form an independent Tamil nation. In order to achieve an independent Tamil Nation, the members of this organization were indulging various anti-national activities and they had a plan to wage a war against the Indian union. They decided to mobilize arms and ammunitions from the police station for the said purpose. It is alleged that as a p of their mission, on 03.04.1991, at Iyappan Naiken Pettai near Kaduveti Village, in the house of one Mr. Dhanasekaran, A.1 to A.9, the deceased Mr.Lenin @ Mahalingam @ Ganesan and Mr.Elangomani (Approver) had conspired to attack Puthur Police Station and to steal away the arms and ammunitions kept in the police station. In pursuance of the said conspiracy, A.2 to A.9 armed with dangerous weapons like country made gun, aruval (sickle) and knives went to Puthur Police Station around 9.00 pm on 06.04.1991. For quite some time, they were waiting outside the police station for an opportune moment. But, they could not do anything due to various reasons. Again at 2.00 am, on 07.04.1991, A.2 to A.9 went to the Puthur Police Station. One Mr.Rajaram (P.W.4), a Police Constable was on guard duty in the Police Station. P.Ws.1 & 3 & one Mr.Rajendran who were also Police Constables, were staying in the police station. A.8 who was armed with an Aruval and A.4 who was armed with a knife, knocked at the door of the Puthur police station which was bolted from inside. P.W.4, came from inside and opened the door. Immediately, A.4 & A.8 attacked P.W.4 with Veecharuval and knife and caused injuries. On hearing the commotion, P.Ws.1 and 3 were awakened. One Mr. Sundaramurthy, yet another Constable who was also inside the police station rushed to the entrance of the police station. One person from the crowd shot him with a country made gun which hit the thigh of Mr. Sundaramurthy. He fell down. Then, A.4 attacked him with knife and A.6 attacked him with pichuva knife. When P.W.3 Mr. Shanmugam, reached the entrance of the police Station, A.3 cut him with vecharuval and A.8 also attacked him with Veecharuval. He sustained injuries and fell down. One Mr.Rajendran, a Police Constable, rushed to the rescue of the injured. A.8 attacked him with aruval followed by A.3. When Mr.Rajendran tried to escape, A.5 and A.9 gave a chase and cut him repeatedly. As a result, Mr.Rajendran died instantaneously. The death of the deceased was caused by A.3, A.5, A.8 & A.9. In the same transaction, it is alleged that P.W.1 the then Sub Inspector of Police who was in the Puthur Police Station was also attacked by A.3 with aruval. He too sustained injuries. Then A.2 & A.7 made an attempt to steal the arms and ammunitions from the armory of the police station but, they could not succeed. Then all the accused including the approver, ran away from the scene of occurrence.

(3.) P.Ws.1, 3 & 4 were taken to the Government Hospital, Chidambaram, where they underwent treatment for a long time. While they were in the Government Hospital at Chidambaram, the Inspector of Police recorded the statement of P.W.1 at 9.00 am on 7.04.1991 and on returning to the Police Station, he registered a case in Crime No.44/1991 for offence sunder Sections 147, 148, 332, 307 & 302 I.P.C., and Sec. 3(b) of the Explosive Substances Act and Sections 25 & 27 of Indian Arms Act. F.I.R., was registered at 6.00 am on 07.04.1991 and the same reached the hands of the learned Judicial Magistrate at 11.30 am on 07.04.1991. Ex.P.1 is the complaint and Ex.P.64 is the F.I.R.