(1.) Crl. A. (MD) No. 274 of 2011 is filed by the Central Bureau of Investigation (CBI) challenging the judgment and order dtd. 9/12/2009 passed by the Principal District and Sessions Judge, Madurai, acquitting all the accused in S.C No.3 of 2009. Criminal Revision Case (MD) 310 of 2014 is filed by Poongodi, the mother of the deceased Vinoth Kumar (D1), assailing the aforesaid judgment and order dtd. 9/12/2009. In view of the commonality of issues involved, the decision in both cases shall be governed by this common judgment.
(2.) In order to appreciate the issues involved in these cases, we proceed to preface our judgment by setting out certain facts which are indisputably widely known to the public, and which we proceed to take judicial notice in terms of Sec. 56 and 57 of the Indian Evidence Act, 1872. In this regard, we draw sustenance from the judgment of Chandrachud, J (as he then was) in Onkar Nath v. Delhi Administration [(1977) 2 SCC 611], wherein it was observed as under:
(3.) The Tamil daily "Dinakaran" was founded in Madurai by Mr.K.P Kandasamy in 1977. In 2005, the newspaper was acquired from Mr. Kandaswamy's son Mr. K.P.K Kumaran by the Sun Network. The Sun Network is a mass media conglomerate founded by Mr.Kalanithi Maran in 1991. Mr. Kalanithi Maran is the Chairman of Sun Network and is the son of the former Union Minister late Mr. Murasoli Maran and grand-nephew of the former Chief Minister late Mr. M. Karunanidhi of the D.M.K.
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