K.T. Palanisamy vs State Of Tamil Nadu

Appellant was an astrologer. The deceased was passing through tough times. His son had also remained ill for long time. He allegedly was advised by the appellant to perform some poojas on the bed of the river Bhavani situated at Nanjaipuliyampatti on or about 29.4.1996. He went to the place for the said purpose along with the accused persons. The deceased at that time was said to be wearing a gold chain (M.O.1) and two gold rings (M.Os.2 & 3) engraved with the letters P.Mani. The deceased was allegedly last seen by PW-3 and PW-4 namely, Nallasamy and K.Devaraj respectively and his brother-in-law PW-5, Muthusamy. He, however, did not come back. On inquiries having been made from the appellant, the family members of the deceased were informed that he had gone away after performing the said pooja for attending some function.

An advertisement was issued in a local newspaper on 12.5.1996. Poongodi (PW-1), the wife of the deceased, in order to search out her husband, in turn, sought for the assistance of the appellant, who advised them to perform a pooja at Bannavi Amman Temple.

However, when the parents of the deceased and his grand-mother left for Bannavi Amman Temple for performing the pooja in the company of the appellant, they also did not return home. From a report which appeared in a local newspaper on 3.6.1996 PW-1 came to learn that the said three persons have been found murdered at Erode. He went to Erode and lodged first information report before the Erode, South Police Station, which was recorded by Manoharan (PW16). A first information report was registered being crime No.415/96 under the caption man missing. On 4.7.1996 the statement of PW-1 was recorded by the Investigating Officer PW-18. The Banglaputhur police station which had the jurisdiction to investigate into the said matter received the said first information report on 2.9.1996, on the basis whereof PW-17 the Head Constable of the said police station registered a case as Crime No.406/96 against the accused under Sections 302 and 379 of the Indian Penal Code (for short the IPC). Accused Nos.1 & 2 were arrested on 6.7.1996 at a bus stop at Erode in the presence of Abdulhasan Ansari (PW-11). Allegedly, on the basis of a purported confessional statement made by the appellant, the Investigating Officer and others went to Coimbatore for recovery of a gold chain which is said to have been sold to one Dhanasekaran. The said gold chain and some bangles, however, were seized in connection with the murder of the deceaseds parents and grand-mother. He also took the police party to a jewellery shop belonging to one Dhanasekaran who produced a long golden chain. The same was seized and marked as M.O.1

2. Accused No.2 allegedly was having a gold ring in his finger which was seized and marked before the learned Trial Judge as M.O.3.

3. Accused No.3 was arrested near a municipal guest house at Erode on 7th July, 1996. Two Criminal cases were instituted against the appellants; one for commission of murder of Somasundaram; and the other for murder of his parents and grand-mother.

6. Allegedly, on the hope generated from the said letter, no first information report was lodged. As noticed hereinbefore, she went back to the appellant and requested him to find out her husband, who in turn advised her to perform a pooja at Pannari Mariamman temple. Her in-laws and mother of her mother-in-law went there on 28.6.1996 and the news about their murder appeared in the newspaper on 30th June, 1996. According to her, she became suspicious on learning that her in-laws have been murdered and as her husband was also missing, she filed a first information report on 3.7.1996 at Erode.

In the cross-examination of the said witness, several discrepancies have been brought on record particularly the omissions in her statement under Section 161 of the Code of Criminal Procedure, that her husband had been putting on M.Os. 1 to 3. She accepted that there used to be quarrel between her and her husband. The distance between her residence and that of her in-laws was 5 to 6 kms. They were living separately. She admitted that her husband had not been in sound mental health. She had been informed that her husband was to go to a function after performance of the said pooja and the same statement was made by her before the police. Loganathan (PW-2) was to be the brother-in-law of the deceased appellant. According to him, he used to run an electrical shop with the deceased Somasundaram and one Nallasamy. The deceased, according to him, used to come to the appellant to discuss astrological aspects as regards his child who had not been keeping good health. He deposed that on 29.4.1996 Somasundaram came to his shop along with the appellant and informed him that they were going to perform a pooja in the Vannan temple whereafter he would go to some function. Although according to him the deceased was wearing gold ornaments (viz. the rings and the chain) but he did not know to whom they belonged to.

There is, thus, no reliable or acceptable evidence that the offence has been committed by the appellant. Neither any direct nor circumstantial evidence had been brought on record to establish the guilt on the part of the appellant herein.

18. We, therefore, are of the opinion that the impugned judgment cannot be sustained, which is set aside accordingly. The appeal is allowed. The appellant is in jail. He is directed to be set at liberty unless wanted in connection with any other case.