Alagarsamy & Ors vs State By Deputy Superintendent Of ...

4. On the fateful day, Murugesan (deceased No. 1), Mookan, Vice President (deceased No. 2), Chelladurai (deceased No. 5), Sevagamoorthi (deceased No. 3) and some others had gone to Collector's Office, Madurai for claiming compensation for the damage caused to the houses of three persons, which houses were burnt. They could not meet the Collector, as he was not available, therefore, one Kanchivanam (PW-12) was asked to wait in their office and the others boarded the bus from Madurai. Prosecution alleged that one Krishnan (PW-1) was also travelling by the said bus. When the bus reached Melavalavu, one Kumar (PW-2) and Chinnaiya (PW-3) got at the bus and at that time, 5 accused persons, namely, Algarsamy (A-1), Doraipandi (A-2), Jothi (A-4), Manikandan (A-5) 5 and Manivasagam (A-6) boarded the bus. Prosecution alleges that they were armed. When the bus reached Village Melavalavu, Doraipandi (A-2) shouted at R. Nagaraju (PW-14), the Driver, to stop the bus. The Driver (PW-14) stopped the bus and at that time, all the accused persons surrounded the bus with weapons. They started murderous assault on Murugesan (deceased No. 1) and others, who were in the bus, as also some others, who were in the crowd. It has come in the evidence that Murugesan was beheaded and his head was carried by Algarsamy (A-1). This incident was seen by Krishnan (PW-1), Kumar (PW-2) and Chinnaiyya (PW-3), who were also injured, having been assaulted by some of the accused persons. The incident was also witnessed by Moorthy (PW-4), Periyavar (PW-5), Palani (PW-6), Ganesan (PW-7), Yeghadesi (PW-8), Mayavar (PW-9), Kalyani (PW-10) and Karuppan (PW-

11). Grief and fear stricken Krishnan (PW-1), Kumar (PW-2) and Chinnaiyya (PW-3), who were injured, managed to reach Melur Government Hospital on bicycle. They were given first-aid and were provided transport for being taken to Madurai Government Hospital. The incident came to the knowledge of Rajshekharan (PW-47), Inspector of Police at about 5.30 p.m. He reached the Hospital, recorded the statement of Krishnan (PW-1) and on the basis of the same, registered Crime No. 508 of 1997 for offences under Sections 147, 148, 341, 307 and 302 IPC, as also under Section 3(1)(x) of the Scheduled Castes and Scheduled 6 Tribes (Prevention of Atrocities) Act, 1989. He dispatched the copies of the First Information Report (FIR) to the Judicial Magistrate, Melur, as also to his superior Dy. Superintendent of Police, District Crime Branch, Madurai. The DSP took up the investigation, formed a special team and reached the spot without wasting any time and commenced the investigation. Inquest Panchanamas and Spot Observation Panchanamas were prepared. Blood stained articles were seized from the bus and from other places. The bodies were also sent for Post Mortem. The blood stained articles were sent to the forensic science laboratory and after completing the investigation, the chargesheet came to be filed on 25.9.1997. At the Trial, as many as 50 witnesses were examined and 121 documents were got proved. 55 material objects were also produced. 2 defence witnesses were examined and as many as 19 documents were got proved by the defence, they being D-1 to D-19. The accused pleaded ignorance, however, as has been stated, as many as 17 persons came to be convicted by the Sessions Judge. Their appeals were also dismissed by the High Court. Before the High Court, some private individuals, who were the witnesses, also had filed the revisions, challenging the acquittal of few accused persons. However, the High Court, by a common judgment, dismissed those revisions. Thus, we are left with the appellants before us.

21. We are convinced that the findings of the Trial Court and the Appellate Court are correct findings in law. We find that there is no merit in the Appeal and it deserves to be dismissed. It is accordingly dismissed.

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