PONNUCHAMY INSPECTOR OF POLICE TRICHY AIRPORT Vs. SUYAMBANANDAM

JUDGEMENT

(1.) THE petitioner is the fifth accused in P.R.C.No.8 of 1986 on the file of the Judicial Magistrate, Nanguneri. He is being prosecuted along with four others on a private complaint instituted by the respondent for alleged offences under Sec.120-B, 302, 390 and 506(ii), Indian Penal Code.

(2.) THE facts leading to the prosecution can now be summarised. On 9.10.1985, the petitioner was the Inspector of Police at Thisayanvilai and one A.M.Subbaraj was the Sub-Inspector of Police at the Uvari Police Station, which was under the jurisdiction of the petitioner. In respect of the suspicious death of one Ramasamy Nadar, Chi-dambaranathan, the brother of the said Ramasamy Nadar, preferred a complaint, at 5 P.M. on 9.10.1985, before the Uvari Police Station, which was registered as Crime No. 145 of 1985 by the Sub-Inspector of Police, under Sec.174, Criminal Procedure Code. It appears that the petitioner took up investigation later in the evening and also prepared a seized mahazar at 6 P.M., at the scene. THEreafter, on the next day, the Executive Magistrate, Radhapuram, conducted an inquest and the Panchayatdars unanimously gave their verdict that the deceased Ramasamy Nadar had been murdered by his son Suyambanandam and others in pursuance of a conspiracy hatched by them. THEreafter, the petitioner, on completion of the investigation obtained opinion from the Public Prosecutor, and filed the charge-sheet before the J.S.C.M. Nanguneri against nine persons, of whom the first accused is the son of the deceased and the last accused is the son-in-law of the deceased.

(3.) THE occurrence appears to have taken place between 7.30 P.M. and 10 P.M. on 8.10.1985. THE concealing of the offence appears to have been done soon thereafter, by burying the body in a pit with .sand and thorns. In the process of the burial, the accused alleged to have removed the gold ring and wrist watch worn by the deceased Ramasamy Nadar. In the charge-sheet filed in Crime No.145 of 1985, twenty six witnesses have been cited. It is stated that, after committal, the case arising out of Crime No.145 of 1985 is pending trial in S.C.No. 37 of 1987 on the file of the Court of Sessions, Tirunelveli. While so, on 5.2.1986, this private complaint was instituted by first accused in Crime No.145 of 1985 against the petitioner and four others, which has resulted in P.R.C.No. 8 of 1986, which proceedings are sought to be quashed by the petitioner, as far as he is concerned.