Periyasami vs State Tr.Insp.Of Police

2. According to the prosecution, on 24/10/1992, PW-10 Ramasamy was driving Quilon Express (Train No.6105). When the train reached near Maruvathur Peria Odai Bridge No.276, he noticed some object over the railway track. He immediately applied emergency brake and stopped the train. PW-11 Rajendran Raja, who was the Assistant Driver stepped down from the train along with the guard and proceeded to inspect the track. They saw some boulders placed on the track covered with green leaves. At that time, they heard a loud noise near the bridge situated at a distance of 1 K.M. In the meantime, PW-2 Ganapathy, Station Master 3 of Sillakudi Station received information that Quilon Express had started from Kallagam Station after crossing of Pearl City Express, but had not reached Palanganatham. He instructed PW-1 Antonisamy, PW-4 Hazi Salahudeen, PW-6 Thangaraj and PW-7 Ponnaian to find out the reason for the delay of the Quilon Express. They found at the place of occurrence the rails bent upwards and the gravel stones and the sleepers broken and dislocated. Under the bridge, they saw some papers containing slogans. They saw some slogans written on the bridge walls. Some boulders were also found over the railway track covered with green leaves. PW-8 Raja Chidambaram, SEP at Kallagam Station also went in search of the train along the track and found the train on the northern side of Bridge No.276. He found boulders placed on the track covered with green leaves. The sleepers were found broken and dislocated and rails found bent upwards.

3. On information being received from the control room about the bomb blast on the railway line, PW-29 Hyder Ali Khan, Sub-Inspector of Police, Railway, Vridhachalam rushed to the place of occurrence. He received complaint [Ex-P1] dated 24/10/1992 from PW-1 Antonisamy and registered a case being Crime No.307 of 1992 against unknown persons under Section 150 of the Indian Railways Act and under Sections 3 and 5 of the Explosives Act and Sections 120-B and 124 of the IPC. The printed version of First Information Report [Ex-P11] was forwarded to Judicial Magistrate No. V, Tiruchirappalli and a copy was forwarded to the Inspector of Police, Railways, Villupuram for necessary action. Investigation was started. It appears from the evidence of PW-40 Pattabiraman, the Inspector of Police of “Q” Branch CID, Tiruchirappalli that after he took over investigation, he interrogated PW-15 Sevi Periyasamy. He got the leads. Involvement of A1- Senthilkumar, A2-Periyasami and other accused was disclosed. A1- Senthilkumar was arrested on 17/12/1993. On his search, five gelatin sticks concealed in his right side waist, five electric detonators concealed in his left side waist and two pen torch cells from his pocket were recovered. They were seized under Mahazar [Ex-P5]. On 19/12/1993, the confessional statement of A1-Senthilkumar was recorded by PW-37 Ramanujam, Superintendent of Police, “Q” Branch CID under Section 15 of the TADA, after following the necessary procedure. A2-Periyasami was arrested on 9/1/1994.

4. Upon completion of investigation, PW-40 PI Pattabiraman filed a police report under Section 173 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) against A1-Senthilkumar, A2-Periyasami, absconding accused Rajaram @ Madhavan alleging that A1-Senthilkumar, A2-Periyasami along with absconding accused Rajaram @ Madhavan and deceased Lenin and Karalan @ Nagarajan are members of “Tamil Nadu Viduthalai Padai” and “Thamizhaga Makkal Viduthalai Padai”, the main object of which was to strike terror in the people by planting bombs to cause derailment of trains and to cause damage to Central and State Government properties by such acts and to secede Tamil Nadu from the Indian Union. It was alleged that A1- Senthilkumar, A2-Periyasami, along with the absconding accused Rajaram @ Madhavan and deceased Lenin and Karalan @ Nagarajan conspired together and A2-Periyasami introduced witness Sevi Periyasamy to them at Duraimangalam and they manufactured explosive bombs and caused blast of the rails of Bridge No.276 in between Kms. 292/6 and 7 situated between Kallakudi Pazhanganatham and Kallagam railway stations on 24/10/1992 at 2.45 hours with intention to endanger the life of passengers of Quilon Express which usually crosses the bridge at or about the same time and the explosion damaged 20 wooden sleepers and rails to a length of 20 feet and portion of concrete structures. The disaster was averted because the engine driver stopped the train noticing the boulders on the rails. It was also alleged that on 17/12/1993 A1-Senthilkumar was in unathorised possession of detonators and gelatin sticks without any permit. The report alleged various charges under the TADA, the Explosive Substances Act, the Prevention of Damage to Public Property Act and the Railways Act against the accused.

5. As accused Rajaram @ Madhavan was absconding, the case against him was split. Since it was reported that he had died, his case was disposed of as having abated.

7. A1-Senthilkumar and A2-Periyasami pleaded not guilty to charges. Two defence witnesses were examined to establish that the police threatened them and asked them to produce A1-Senthilkumar thus suggesting that A1- Senthilkumar was falsely implicated. The prosecution examined 41 witnesses.

18. In his confessional statement, A1-Senthilkumar has stated how he came in contact with one Murugesan, who was running an association to spread the ideology of Ambedkar. It is through Murugesan that he got acquainted with the activities of Tamil Nadu Liberation Force and associates of Murugesan like Lenin and Ravi. He stated that in the house of Ravi, Murugesan, Lenin and others used to hold secret meetings; they used to say that Tamil Nadu should secede from India and for that purpose, they have to fight with weapons. He further stated that Lenin took him to the house of PW-15 Sevi Periyasamy. Lenin told him that they had been sent by A2-Periyasami. Within short time, Rajaram @ Madhavan and Karalan @ Nagarajan also came there. Karalan brought a bag containing 40 gelatin sticks, one long green colour wire, 5 to 6 detonators and jute thread. The bag brought by Rajaram @ Madhavan contained an empty tin of five litre capacity, two large drawing papers and two black and red colour sketch pens. They had brought wall papers and as instructed by Lenin and Karalan A1-Senthilkumar wrote slogans such as ‘Bravery salute. Bravery salute’, ‘Let the liberation struggle of Kashmiri people win’, ‘Withdraw the cases filed against Tamil leaders’, etc. He further stated that in between, Lenin and Karalan took out gelatin sticks wrapped in a paper and mixed in a dough. They got two empty glass bottles from PW-15 Sevi Periyasamy, broke them into pieces and mixed that also in the dough. He stated that Karalan got sulphur powder through PW-15 Sevi Periyasamy and applied sulphur to the wire. In the evening, they went near the lake area and Lenin told them that they are going to demolish the railway track so that panic would be created among the public. Then they went ahead, had dinner in a hotel. They came to PW-15 Sevi Periyasamy’s house and took all articles which were kept there and left that place. While leaving the place, Lenin told everyone that they should read tomorrow’s newspaper. From there, they went to Ariyalur by bus. From there, they went by bus to Dalmiapuram. They walked through a canal and reached a railway bridge. Sitting below the bridge, Karalan put the gelatin and sulphur in the tin. He tied the detonator together and inserted the same in the tin which had gelatin mixture. He connected the wire with the detonator and, through the hole in the tin cover, he took out the wire and closed the tin. Thereafter, all the four climbed over the bridge. Karalan kept the bomb in the southern corner of the bridge in the middle of the rails. They put a huge stone between the rails. They kept the branches of trees over the rails. They wrote slogans on the pillars. They also kept posters prepared on drawing papers and notices at the scene of offence. Karalan lit a wire with a match stick and they ran away. Within a few seconds, there was a blast. He, thereafter, narrated how he went from place to place till he was arrested on 17/12/1993.

v) xxx xxx xxx xxx” It is clear, therefore, that a confessional statement recorded under Section 15 of the TADA, if found to be voluntarily made and is truthful and properly recorded, can form the basis of conviction.

28. So far as A2-Periyasami is concerned, in his confessional statement A1-Senthilkumar has only stated that Lenin took him to the house of PW-15 Sevi Periyasamy and others joined him there in that house. When he reached there, Lenin informed PW-15 Sevi Periyasamy that they have been sent by A2- Periyasami. Apart from this, there is no reference to A2-Periyasami in the confessional statement of A1-Senthilkumar. PW-15 Sevi Periyasamy has stated that on 22/12/1993 A2-Periyasami came to him and stated that Lenin and others will visit him and they will stay till night and food should be provided to them. It appears from the confessional statement of A1- Senthilkumar and evidence of PW-15 Sevi Periyasamy that A2-Periyasami did not participate in manufacturing of bombs, carrying them to the scene of offence, planting them under the railway bridge and causing the blast. There is a passing reference in PW-15 Sevi Periyasamy’s evidence that after the blast when he asked A2-Periyasami about the blast, he told him that Lenin, Karalan and Rajaram were responsible for the blast and if he discloses this to anyone, all members of his family would be killed. This part of the statement of PW-15 Sevi Periyasamy is not corroborated by any evidence on record. Thus, it would not be safe to rely on it. We are, therefore, of the opinion that the prosecution has not been able to establish its case against A2-Periyasami beyond reasonable doubt. He must, therefore, get benefit of doubt. In the circumstances, the impugned judgment and order so far as it convicts and sentences A1-Senthilkumar is confirmed. Conviction and sentence of A1-Senthilkumar is confirmed. The impugned judgment and order so far as it convicts and sentences A2- Periyasami is set aside. He is acquitted. A2-Periyasami is on bail. His bail bond stands discharged.

29. In the result, Criminal Appeal No.1272 of 2012 is allowed and Criminal Appeal No.787 of 2013 is dismissed.

…….……………………………..CJI.

April 11, 2014.