Sessions court 12 dec 2017 shankar honor killing conviction

1
In the court of the Principal District and Sessions Judge, Tiruppur
Present: Tmt.Alamelu Natarajan, B.Com., M.L.,
Principal Sessions Judge, Tiruppur
Tuesday, the 12th
day of December, 2017
Thiruvalluvarandu 2046, Sri Hevilambi Andu, 26th
day of Karthigai month
Spl.S.C.NO.19/2016
(Crime No.194 of 2016 of Udumalpet Police Station,
P.R.C.No.7/2016, Judicial Magistrate No.I Court, Udumalpet)
Name of the Accused : 1) Chinnasamy, 40,
S/o.Baluchamy,
2) Annalakshmi, 35,
W/o. Chinnasamy,
3) Pandithurai, 49,
S/o. Pandi,
4) Jagatheesan, 31,
S/o.Pandi,
5) Manikandan, 25,
S/o Marimuthu,
6) Selvakumar, 25,
S/o.Pandi thevar,
7) Kalaithamilvaanan @ Tamil @ Kalai, 24,
S/o. Periyasamy,
8) Mathan @ Michael, 25,
S/o.Murugesan,
9) Dhanraj @ Tamil @ Stephen Dhanraj, 23,
S/o. Kailasam,

2
10) Prasanna @ Prasannakumar, 19,
S/o.Vasudevan,
11) Manikandan, 39,
S/o.Madasamy.
Charges framed against the accused: 1) Against the accused 1 to 10 :
Criminal Conspiracy punishable u/s.
120(B) I.P.C.
2) Against the accused 4 to 10 :
Rioting punishable u/s. 147 I.P.C.
3) Against the accused 4 to 8 :
Rioting armed with deadly weapon
punishable u/s. 148 I.P.C.
4) Against the accused 4 to 7 u/s. 302
I.P.C.and against the accused 8 to 10
u/s. 302 r/w. 149 I.P.C.
Committing Murder punishable u/s 302
IPC and to be a member of unlawful
assembly with a common object to
commit murder punishable u/s.
302 r/w. 149 I.P.C.
5) Against the accused 1 to 3 u/s.
302 r/w. 120(B) r/w.109 I.P.C.
Abetment to commit murder punishable
u/s.302 r/w.120(B) r/w. 109 I.P.C.
6) Against the accused 4 and 6 u/s. 307
I.P.C. and against the accused 5, 7
to 10 u/s. 307 r/w. 149 I.P.C.
Attempt Murder Punishable u/s 307 and to
be a member of an unlawful assembly with
a common object to attempt murder
punishable u/s. 307 r/w. 149 I.P.C.

3
7) Against the accused 1 to 3 u/s.
307 r/w. 120(B) r/w.109 I.P.C.
Abetment of attempt murder punishable
u/s. 307 r/w.120(B) r/w. 109 I.P.C.
8) Against the accused 4th
accused u/s.
3(1)(r)(s) r/w. 3(2)(va) of SC/ST (POA)
Amendment Act, 2015 and against the
accused 5 to 10 u/s. 3(1)(r)(s) of SC/ST
(POA) Amendment Act, 2015 r/w. 149
I.P.C.
Whoever, not being a member of a
scheduled caste intentionally insults or
intimidates with intent to humiliate a
member of a scheduled caste in any place
within public view and abuses any
member of a scheduled caste by caste
name in any place within public view and
being a member of an unlawful assembly
with a common object to commit the
above said offences punishable u/s.
3(1)(r)(s) r/w. 3(2)(va) of SC/ST (POA)
Amendment Act, 2015 and u/s. 3(1)(r)(s)
of SC/ST (POA) Amendment Act, 2015
r/w. 149 I.P.C.
9) Against the accused 1 to 3, 5 to 7 u/s.
3(2)(va) of SC/ST (POA) Amendment
Act, 2015 and against the accused 8 to
10 u/s 3(2)(va) of SC/ST (POA)
Amendment Act, 2015 r/w. 149 I.P.C.
(Additional charges omitted to be
framed against the accused 1 to 3 have
been framed on 13.6.2017 as per sec. 216
of Cr.P.C.) :-
Whoever, not being a member of a
scheduled caste or a scheduled tribe,
commits any offence in Indian Penal Code
noted in the schedule for Sec. 3(2)(va) of
SC/ST (POA) Amendment Act, 2015

4
against a member of a schedule caste or a
schedule tribe or against the property
belonged to a member of schedule caste or
schedule tribe punishable u/s.3(2)(va) of
SC/ST (POA) Amendment Act, 2015 and
being a member of an unlawful assembly
with a common object to commit the
above said offence punishable u/s.
u/s.3(2)(va) of SC/ST (POA) Amendment
Act, 2015 r/w. 149 I.P.C.
10) Against the 11th
accused :-
Harbouring an offender, if the offence be
capital punishable u/s. 212 I.P.C.
Plea of the Accused : All the accused pleaded not guilty of the
charges framed against them.
Judgement : In the result,
1. The charges levelled against A2 and
A3 u/s 120(B), 302 r/w 120(B) r/w 109,
307 r/w 120(B) r/w 109 IPC and 3(2)(Va)
of SC/ST (POA) Amendment Act 2015
and the charges levelled against A10 u/s
120(B), 147, 302 r/w 149, 307 r/w 149
IPC, 3(1) (r)(s) of SC/ST (POA)
Amendment Act 2015 r/w 149 IPC,
3(2)(va) of SC/ST (POA) Amendment
Act 2015, does not stand established on
the side of the prosecution and hence A2,
A3, and A10 are acquitted from the
above said charges u/s 235(1) Cr.P.C.
2. A1 is sentenced to death, and that he
be hanged by the neck, till he is dead,
subject to confirmation by the Hon’ble

5
Madras High Court. And A1 is directed
to pay fine of Rs.1,00,000/- (Rupees One
Lakh) i/d 1 year SI.
for offence u/s 120 (B) IPC.
A1 is sentenced to death, and
that he be hanged by the neck, till he is
dead, subject to confirmation by the
Hon’ble Madras High Court. And A1 is
directed to pay fine of Rs.1,00,000/-
(Rupees One Lakh) i/d 1 year SI.
for offence u/s 302 r/w 120 (B) r/w
109 IPC.
A1 is also sentenced to rigorous
imprisonment of 10 years and to pay a
fine of Rs.50,000/- (Rupees Fifty
Thousand) i/d 6 months SI
for offence u/s 307 r/w 120 (B)
and r/w 109 IPC.
imprisonment for 3 years and to pay a
fine of Rs.50,000/- i/d 6 months SI
for offence u/s 3(2)(Va) of
Scheduled caste and Scheduled
Tribes (POA) Amendment Act 2015.
A1 is directed to be hanged to death
subject to the confirmation of Hon’ble
Madras High Court and this death
sentence shall be executed after A1
undergoing the other sentences imposed
on him. The other sentences shall run
concurrently. The total fine imposed on

6
A1 is Rs. 3,00,000/- (Three Lakhs). Out
of the total fine amount of Rs. 3,00,000/-
(Three Lakhs), Rs.1,00,000/- (One Lakh)
to be appropriated to the State and the
balance to be apportioned equally
between PW1 and father of the deceased
Shankar namely, Thiru.Velusamy, S/o
Chinna Lakshmanan, 3/2 Savadi Street,
Kumaralingam, Madathukulam (LW21)
as compensation u/s 357 (2) Cr.P.C.
*******
to pay fine of Rs.50,000/- (Rupees Fifty
Thousand) i/d 1 year SI
for offence u/s 120 (B) IPC
A4 is also sentenced to death, and be
hanged by the neck, till he is dead,
subject to the confirmation by the
Hon’ble Madras High Court. And A4 to
pay a fine of Rs.50,000/- (Rupees Fifty
for offence u/s 302 IPC
fine of Rs.25,000/- (Rupees Twenty Five

7
imprisonment for 2 years and pay a fine
of Rs.10,000/- i/d 3 months SI
for offence u/s 3(2)(Va) of
SC/ST (POA) Amendment Act 2015.
for offence 3(1)(r)(s) SC/ST
(POA) Amendment Act 2015
concurrently. Total fine amount imposed
is Rs.1,65,000/- (One Lakh Sixty Five
Thousand). Out of the total fine amount
Rs.5,000/- is appropriated to the state and

8
*****
for offence u/s 307 r/w 149 IPC

9
for offence u/s 3(2)(Va) SC/ST
for offence 3(1)(r)(s) SC/ST (POA)
Amendment Act 2015 r/w 149 IPC
*****

10
A6 is also sentenced to death, and he

11
for offence u/s 3(2)(Va) SC/ST (POA)
Amendment Act 2015
for offence 3(1)(r)(s) SC/ST (POA)
Amendment Act 2015 r/w 149 IPC
A6 is directed to be hanged to death,
Madras High Court, and this death
*****

12
A7 is also sentenced to death, and that
he be hanged by the neck, till he is dead,
Hon’ble Madras High Court. And to pay
a fine of Rs.50,000/- (Rupees Fifty
Amendment Act 2015

13
for offence 3(1)(r)(s) SC/ST
(POA) Amendment Act 2015 r/w 149
IPC
*****

14
Amendment Act 2015
for offence u/s 3(1)(r)(s) SC/ST
(POA)Amendment Act 2015 r/w 149 IPC.

15
*****
8. A9 is sentenced to imprisonment for
life, life means rest of his life without
any benefit of remission of the sentence
in any manner, whatsoever, and to pay a
Thousand) i/d six months SI
A9 is sentenced to imprisonment for
life, life means rest of his life without
for offence u/s 302 r/w 149 IPC.
A9 is also sentenced to imprisonment
for life, life means rest of his life without

16
for offence u/s 307 r/w 149 IPC.
for offence u/s 3(2)(Va) SC/ST
for offence u/s 3(1)(r)(s) r/w 149 IPC
SC/ST (POA) Amendment Act 2015.
A9 is directed to undergo the above
sentences concurrently. The total fine
imposed on A9 is Rs. 1,55,000/- (One
Lakh Fifty Five Thousand). Out of the
total fine amount of Rs. 1,55,000/- (One
Lakh Fifty Five Thousand), Rs.5,000/- to
be appropriated to the State and the

17
Kumaralingam, Madathukulam Taluk
(LW21) as compensation u/s 357 (2)
Cr.P.C.
*****
9. A11 is sentenced to undergo RI for 5
years for the offence u/s 212 IPC and to
pay a fine of Rs.50,000/- i/d 6 months SI.
Out of the fine amount of Rs.50,000/-
(Rupees Fifty Thousand) Rs.5,000/- to be
appropriated to the state and the balance
of amount to be apportioned equally
Kumaralingam, Madathukulam Taluk
(LW21) as compensation u/s 357 (2)
Cr.P.C.
********
The remand period already undergone by
the 1st
accused from 14.03.2016 to
12.12.2017, and the remand period
already undergone by the 4th
, 5th
, and 6th
accused from 16.03.2016 to 12.12.2017,
and the remand period already undergone
by the 7th
accused
from 16.03.2016 to 12.12.2017, and the
remand period already undergone by the
9th
accused

18
from 16.03.2016 to 02.07.2016, are
ordered to be set off u/s 428 Cr.P.C.
This court has awarded Capital
punishment of death sentence as against
A1, A4 to A8, subject to the confirmation
by the Hon’ble Madras High Court. The
Sherishtadar is directed to immediately
submit the entire case bundles to the
Hon’ble Madras High Court for
confirmation of the capital punishment of
death sentence u/s 366 Cr.P.C.
Property Order:-
This Court has passed orders with regard
to the material objects in P.R.No.13/2016
in this case as follows:
M.O.Nos.1 to 5 Aruval knives,
M.O.Nos.6 to 11, 22, 24 to 27 and 31 to
32 dresses, M.O.No.33 cloth bagand
M.O.Nos.15 to 18 blood stained and
sample mud, are ordered to be destroyed
after the appeal time is over or after the
disposal of appeal.
M.O.No.12 Pulsor motor cycle
bearing Regn.No.TN 57 AS 2340 is
evidenced to be owned by P.W.29
Venkatesan, Madurai. TheOriginal
registration number being TN 59 AV

19
2766, has been falsely changed as TN 57
AS 2340 and used in this occurrence.
P.W.55 Kalyanakumar, the Regional
Transport Officer, Madurai North
Regional Transport Office, has issued
Ex.P.67, B Register extract with regard to
M.O.12 and evidenced that the real
registration number of the said vehicle is
TN 59 AV 2766 and P.W.29 is it’s owner
and hence, M.O.No.12 pulsor motor
cycle is ordered to be returned to P.W.29
Venkatesan, on production of R.C. book
and relevant documents after the appeal
time or disposal of appeal.
M.O.No.13, Bajaj Discover motor
cycle without registration number is
evidenced to be owned by P.W.28
Karthick and he has mortgaged the same
with A.1 Chinnasamy and it’sregistration
number is TN 57 AR 0569, A.1 handed
over the same to A.4 Jagatheesan and the
same was used in this occurrence.
M.O.No.13 is ordered to be returned to
P.W.28 Karthick, on production of R.C.

20
book and relevant documents after the
appeal time or disposal of appeal.
M.O.No.28, Bajaj Discover motor
cycle bearing Regn.No.TN 57 AZ 3957,
is evidenced to be owned by P.W.17
Thirumalaisamy and P.W.17 has
mortgaged it to P.W.16 Raja. It was
evidenced by P.W.16, that P.W.17 took
the vehicle and has given the same to A5
Manikandan and was used in this
occurrence. M.O.No.28 is ordered to be
returned to P.W.17 Thirumalaisamy, on
production of R.C. book and relevant
documents after the appeal time or
disposal of appeal.
M.O.No. 29, Enfin model cell phone,
M.O.No.30, Nokia cell phone,
M.O.No.34, Lava Cell phone,
M.O.No.35 Samsung cell phone,
M.O.No.36 Samsung cell phone are
evidenced to be seized from A2, A10,
A6, A8 and A5 respectively and they are
to be retained with the case bundle as
case properties.

21
M.O.No.14 Micromax cell phone and
M.O.No.42 memory card areevidenced
to be owned by P.W.4 Nasurutheen.
M.O.19 DVR, M.O.20 adopter are
evidenced to be seized from Eswari
Department Stores owned by P.W. 7
Amarnath. The prosecution has to pay
the cost of Electronic Items to PW.4
Nasurutheen and PW.7 Amarnath, so
seized from them.
M.O.No.14 Micromax cell phone ,
M.O.No.19 Digital Video Recorder,
M.O.No.20 adopter with wire,
M.O.No.41 Software CD of M.O.No.19,
M.O.42 Memory card of M.O.14,
M.O.46 to 48 the video recordings and
M.O.49 soft copy of annexures I to IV
enclosed with Ex.P.91 report submitted
by P.W.62 are to be retained with the
case bundle as case properties.

22
M.O.No.21, cash Rs.20,000/- and
M.O.No.23, cash Rs.24,000/- are ordered
to be confiscated to Government after
the appeal time is over or after the
disposal of appeal.
M.O.No.37 to 40 and M.O.Nos.43 to
45 the photographs of accused in this
case are ordered to be kept in the bundle.
This case coming on 14.11.2017, for final hearing before me in the
presence of Thiru.U.Sankaranarayanan, Special Public Prosecutor for the State,
Thiru.Dr.A.P.Jayachandran, Advocate for first accused, Thiru. M.Palanisamy,
Advocate for second accused, Thiru.C.P.Subramaniam, Advocate for third accused,
Thiru.M.Kannappan, Advocate for the accused 4 to 9 and 11, Thiru.P.K.Chandran,
Advocate for the 10th
acccused and after hearing the arguments of both sides,
perusing the records and having stood over for consideration till this date, this
court delivers the following:

23
JUDGMENT
The Deputy Superintendent of Police, Udumalpet Sub Division, has
filed a final report against the accused, for murder of one Shankar and for
grievously assaulting one Kowsalya, who are stated by the prosecution as husband
and wife. Shankar is said to belong to Hindu, Pallar community, and his wife
witness Kowsalya is said to belong to Hindu, Piramalai Kallar community. The
victim Shankar and witness Kowsalya loved each other when they were studying
in P.A. Engineering College at Pollachi, and they married each other at Palani
Paatha Vinayagar temple on 12.07.2015. Both are said to have led their family life
in the house of victim Shankar at Savadi street, Komaralingam.
A1 and A2 are the parents of witness Kowsalya, and A3 is stated to be
the maternal uncle of witness Kowsalya. The 4th
accused is alleged to be the friend
of the 1st
accused, and that A5 to 11 are alleged to be the accomplice of the 4th
accused. A1 to A3 were against the inter-caste marriage of witness Kowsalya with
Shankar, and that they tried to compel Kowsalya to leave Shankar, and took all
efforts to separate them. Further, the prosecution has alleged that A1 to A3
threatened Kowsalya and Shankar, and that for the same, witness Kowsalya is
stated to have not yielded to the threatening words of A1 to A3. On 23.7.2015,
one Jayaraman, father of the 2nd
accused, is said to have met witness Kowsalya in
the house of Shankar, and said to have convinced her that he cares for her and
Shankar, and on the pretext of illness, he is said to have cunningly taken away
Kowsalya and handed over her, to her parents. Her parents A1 and A.2 are alleged
to have taken P.W.1 Kowsalya to Varusanaadu, Dindigul, and compelled her to
leave Shankar and further it is alleged that A3 had threatened Kowsalya for her life
and that since Shankar preferred a complaint before Madathukulam Police Station
on 24.07.2015, Ex.P.39, that his wife was missing, and therefore, A1 and A2

24
without any option, had to necessarily send Kowsalya to Madathukulam Police
Station. Further, it is alleged that Kowsalya appeared before Madathukulam Police
Station, and told that she went with her grandfather as per her own willingness, and
hence the complaint given by Shankar, Ex.P39, was dropped.
A1 to A3 since failed in their attempt, to separate Kowsalya with
Shankar, they are alleged to have taken revenge on them, and decided to do away
Kowsalya and Shankar within 10 days by engaging A5 to A10 through their friend
A4, by paying money. A3 is alleged to have supported A1 and A2, in this regard,
and is alleged to have abetted the 4th
accused to commit the murder of Shankar and
P.W.1 Kowsalya, as soon as possible. 10 days prior to the occurrence date on
13.03.2016, as per the plan of A1 to A3, the accused A1, A4 to A6 and A8 have
unlawfully assembled near the Arulmigu Dandayuthapani Children Park, at Palani-
Kodaikanal By-pass road, and is alleged to have hatched criminal conspiracy to
murder Shankar and P.W.1 Kowsalya.
In furtherance of criminal conspiracy, it is alleged that the 1st
accused
had taken the 4th
accused to his house at Palani, and A1 and A2 is alleged to have
given Rs.50,000/- to the 4th
accused as advance to execute the murder plan with the
help of A4 to A10. Further, it is alleged that the 1st
accused had given a Bajaj
Discover motor cycle, for using it at the time of occurrence, wherein the number, in
the number plate was erased and given to A4. Further, A1 is alleged to have made
arrangements for the stay of A4 to A6 and A8 at Bakiya Lodge, Palani. The 4th
accused is alleged to have used the stolen Pulsar motor cycle bearing Regn. No.TN
59 AV 2766, and had falsely changed the registration number as TN 57 AS 2340.
In furtherence of criminal conspiracy hatched on 12.03.2016 at 5 p.m.
by A1, A5 to A7 and A9 near the foot of the rope car service at Palani, A4 to A10,
are alleged to have unlawfully assembled on 13.03.2016, to commit the murder of

25
Shankar and Kowsalya. Hence, A1 to A10 are alleged by the prosecution to have
committed an offence punishable u/s. 120(B) I.P.C.
On 13.03.2016 at about 10.00 a.m., A4 to A6 are alleged to have come
in the Pulsar motor cycle with the false Regn. No. TN 57 AS 2340 and, that A7 and
A8 are alleged to have come in a Bajaj Discover two wheeler without registration
number, and that A9 and A10 are alleged to have come in a Bajaj Discover two
wheeler having Regn. No.TN 57 AZ 3957 to Udumalpet. Further, it is alleged that
A9 and A10 went to Komaralingam in their Bajaj Discover two wheeler having
Regn. No.TN 57 AZ 3957, to watch the whereabouts of Shankar and Kowsalya.
On the same day, 13.03.2016, at about 12.45 p.m., Shankar and Kowsalya who
had proceeded from Komaralingam to Udumalpet to purchase shirt for Shankar in
a town bus is alleged to have been followed by A10, in the same bus, and that A9
had followed the said bus in his Bajaj Discover two wheeler bearing Regn. No.TN
57 AZ 3957, and that it is alleged that A9 and A10 had intimated to A4 to A8 with
regard to the arrival of Shankar and Kowsalya at Udumalpet.
On 13.03.2016, around 2.15 P.M., Shankar and Kowsalya after
purchasing shirt, is said to have proceeded to Udumalpet Bus Stand. While
Shankar and Kowsalya were on their way coming on the south side of the Palani
main road, and while waiting to cross the main road, in front of Eswari Department
Stores, which is situated opposite to the Udumalpet Central Bus Stand, it is alleged
that A5, A6, and A10 have followed Shankar and Kowsalya, and that A10
identified Shankar and Kowsalya to A5 and A6, facilitating them to execute the
murder. Meanwhile, A4 is alleged to have come to the occurrence place at that
moment in his Pulsar two wheeler containing the falsely changed Regn. No. TN 57
AS 2340, for the execution of the murder of Shankar and Kowsalya. A7 and A8
are alleged to have come in their Bajaj Discover two wheeler without any
registration number, to the occurrence spot, following A4, in furtherance of

26
criminal conspiracy to commit murder of Shankar and Kowsalya. A9 is said to
have driven a Bajaj Discover two wheeler having Regn.No.TN 57 AZ 3957, near
the occurrence place, and it is alleged by the prosecution that he had stood there,
in order to help in committing murder of Shankar and Kowsalya, in case they
escape the hands of A4 to A8. The prosecution alleges that A4 to A10 have
assembled at the occurrence place, with a common object to commit murder of
Shankar and Kowsalya, since Kowsalya married Shankar who belonged to the
scheduled caste. The prosecution alleges that A4 to A10 have committed an
offence punishable u/s. 147 I.P.C., and that A4 to A8, as unlawful assembly has
used dangerous weapons for execution of murder, and hence prosecution alleges
that A4 to A8 have committed an offence punishable u/s. 148 I.P.C.
A4 to A8, after having assembled as an unlawful assembly, to execute
the murder of Shankar and Kowsalya, on 13.03.2016 at 2.15 p.m., in public place
and in the view of the public, the 5th
accused, in furtherance of criminal conspiracy
to murder Shankar and Kowsalya, has cut on the neck of Shankar causing severe
injury with a big knife, and thereby pushed Shankar down, and that A4 abused the
caste name of Shankar by saying
“எங்க ஜாதி புள்ளைய லவ் மேமேஜ் பண்ணுவாயாடா பள்ைத் தாமயாழி”
and continuously and alternatively cut on the neck and right hand of Shankar with
a big knife, and caused him severe injuries. In furtherance, A6 had also
continuously and alternatively cut on the neck, right shoulder, and hand of Shankar
with a long knife, and thereby caused Shankar grievous injuries. A7 is alleged to
have continuously and alternatively cut on the neck of Shankar with a long knife,
and thereby caused him severe injuries. A5 had cut on the neck of Shankar with a
long knife, and thereby caused him severe injuries. A8 is alleged to have pushed
P.W.1 Kowsalya on the car standing nearby, and that A4 continuously and

27
alternatively cut on the head of Kowsalya with a long knife, and thereby caused her
severe injuries by uttering the following words as,
“இத்மதாடு செத்துத்சதாளலடி”
A6 is alleged to have continuously and alternatively cut on the right
side of the head, and left hand fingers of P.W.1 Kowsalya, with a long knife, by
uttering the following words as,
“காதல் கல்யாணோ செய்கிறாய்”
A9 is alleged to have waited on the northern side of Pollachi-Palani
main road to commit murder of Shankar and Kowsalya, if they escaped from A4 to
A8 in the execution of murder. The prosecution alleges, that Shankar died due to
the severe injuries sustained by him, caused by A4 to A8, on the way to
Government Hospital, Coimbatore and, that P.W.1 Kowsalya had also sustained
grievous injuries on her head and hand, caused by A4 to A8. Therefore, A4 to A8
are alleged to have committed an offence punishable u/s.302 I.P.C., and A1 to A3
being the perpetrators, are alleged to have committed offence punishable u/s. 302
r/w. 120(B) r/w. 109 I.P.C, and A9 and A10 are alleged to have committed offence
punishable u/s. 302 r/w. 149 I.P.C. A9 and A10 are charged u/s 302 r/w 149 IPC
since they have been members of an unlawful assembly, with a common object,
and also have aided A4 to A8 to commit grievous assault and murder of Shankar,
and had intention to cause grievous assault and murder of Kowsalya. However,
Kowsalya sustained grievous injuries, alleged to have been caused by A4 and A6,
who had assaulted her with an intention to commit murder. Therefore, A4 and A6
are alleged to have committed offence punishable u/s. 307 I.P.C. A5, A7, A8 to
A10 are alleged to have committed an offence punishable u/s. 307 r/w. 149 I.P.C.
since they have been members of unlawful assembly with a common object to

28
commit murder of Kowsalya. A1 to A3 are alleged to have committed an offence
punishable u/s. 307 r/w. 120(B), 109 I.P.C. since they are alleged to have advanced
money to A4 and A6 for commission of murder of Kowsalya, wherein attempt to
murder by A4 to A8 has failed.
A4 to A10, alleged to be members of an unlawful assembly, with a
common object to commit murder of Shankar, who belonged to schedule caste
community, and also to murder P.W.1 Kowsalya, for having married the scheduled
caste boy Shankar, in the public place and in the view of the public. A4 has abused
the caste name of Shankar by saying
“எங்க ஜாதி புள்ளைய லவ் மேமேஜ் பண்ணுவாயாடா பள்ைத் தாமயாழி”
and is alleged to have humiliated Shankar, and that A4 to A8 in furtherance of
common object, have committed murder of Shankar and attempted to commit
murder of P.W.1 Kowsalya, A4 has committed an offence punishable u/s. 3(1)(r)(s)
r/w. 3(2)(va) of SC/ST (POA) Amendment Act, 2015 and A5 to A8, being the
members of an unlawful assembly are alleged to have committed murder of
Shankar, fully knowing that Shankar belongs to Pallar community, a scheduled
caste. A5 to A8 are alleged to have committed an offence punishable u/s. 3(2)(va)
of SC/ST (POA) Amendment Act, 2015.
A11 is alleged to have harboured A4 to A6 and A8 in his house on
13.03.2016 night, with full knowledge about the offence committed by A4 to A6
and A8. Hence, A11 is alleged to have committed an offence punishable u/s. 212
I.P.C.

29
2) This case has been taken on the file of the Judicial Magistrate No.I,
Udumalpet and numbered as P.R.C.No.7/2016. When the accused were produced
before that Court, they have been furnished with the copies of documents as per
Sec. 207 Cr.P.C. The Judicial Magistrate has committed the case to this Court
since the offence is only triable by Sessions Court. This case has been taken on the
file of this Court on 08.06.2016, and numbered as Spl.S.C.No.19/2016.
3) After the accused were produced in this Court and after perusing
the records, and after hearing the prosecution and the accused, charges for offence
punishable u/s. 120(B), 302 r/w. 120(B) r/w. 109 and 307 r/w. 120(B) r/w. 109
I.P.C. were framed as against the accused A1 to A3, and charges for offence
punishable u/s.120(B), 147, 148, 302, 307 I.P.C. and 3(1)(r)(s) r/w.3(2)(va) of
SC/ST (POA) Amendment Act, 2015, were framed as against the accused A4, and
charges for offence punishable u/s.120(B), 147, 148, 302, 307 r/w. 149 I.P.C. and
3(1)(r)(s) r/w. 149 I.P.C., 3(2)(va) of SC/ST (POA) Amendment Act, 2015, were
framed as against the accused A5 and A7, and charges for offence punishable
u/s.120(B), 147, 148, 302, 307 I.P.C. and 3(1)(r)(s) r/w. 149 I.P.C., 3(2)(va) of
SC/ST (POA) Amendment Act, 2015, were framed as against the accused A6, and
charges for offence punishable u/s.120(B), 147, 148, 302 r/w. 149, 307 r/w. 149
I.P.C. and 3(1)(r)(s) r/w. 149 I.P.C., 3(2)(va) of SC/ST (POA) Amendment Act,
2015 r/w. 149 I.P.C., were framed as against the accused A8, and charges for
offence punishable u/s.120(B), 147, 302 r/w. 149, 307 r/w. 149 I.P.C. and 3(1)(r)(s)
r/w. 149 I.P.C., 3(2)(va) of SC/ST (POA) Amendment Act, 2015 r/w. 149 I.P.C.,
were framed as against the accused A9 and A10, and charges for offence
punishable u/s.212 I.P.C. was framed as against the accused A11. The charges
were read over and explained to all the accused, and when they were questioned
regarding the charges, all the accused pleaded not guilty, and denied the charges.

30
Further, this Court had noticed, that a charge has been omitted to be
framed against A1 to A3 who were facing charges u/s 120(B). As regards to the
commission of offence punishable u/s. 120(B) I.P.C., the said offence is found in
the schedule prescribed in the Amended Act 3(2)(va) of SC/ST (POA) Amendment
Act, 2015, hence, on 13.06.2017, an additional charge u/s. 3(2)(va) of SC/ST
(POA) Amendment Act, 2015 which was omitted to be framed, has been framed
against A1 to A3 u/s. 216 (1) Cr.P.C. The charges were read over and explained to
A1 to A3 and when they were questioned regarding the charges, they pleaded not
guilty. Further, A1 to A3 have been questioned whether they want to further recall
and examine witnesses with regard to the additional omitted charge framed against
them. For the same, on the side of A1 and A2, they have stated that they have to
recall and examine witnesses in this regard, and prayed time to file list of witnesses
to be examined on their side. As regards to A3, they have not chosen to recall any
further witnesses.
4) On the prosecution side, 67 witnesses have been examined and 122
documents and 49 material objects have been marked. The gist of the evidence of
the prosecution are as follows:
Kowsalya, the wife of deceased, victim, in this case, has been
examined as PW1. She has deposed as follows:
“I have resided with my parents and my brother Gowtham at Palani
before marriage. My father is Chinnasamy. My mother’s name is Annalakshmi.
Pandithurai is my maternal uncle. I belong to Hindu , Piramalai Kallar
community. I have studied 2nd
year computer science and engineering in P.A.
College of Engineering at Pollachi in 2015. Sankar studied his final year (4th
year)
Mechanical Engineering in the same College. I went from Palani to Pollachi in
the college bus daily. Sankar came from Komaralingam, near Udumalpet. Sankar

31
also travelled from Komaralingam in the same college bus. Sankar belongs to
Hindu, Pallar community. He belongs to Schedule caste. From the 1st
year
onwards, Sankar told that he loved me. We loved each other. We loved for 1 year
and 4 months. Our parents came to know about our love. On 10.07.2015, when
my parents knew our love, they told me not to go to college. On 11.07.2015, in
the morning, I told Sankar that my parents prevented me from going to college on
knowing the love matter. He told me to come out and told me that he will marry
me. So that, on 11.07.2015 at about 12 noon, I came out from my parents’ house
and stayed with Sankar in his friend’s house at Dhali. On 12.07.2015 we got
married at Patha Vinayagar Temple, Palani. After marriage, we went to All
Women Police Station, Udumalpet and I gave a petition for protection. I gave a
petition to convince my parents since they have not agreed for the marriage. That
petition is Ex. P1. On the same day my parents came to Police Station. Sankar’s
father and his relatives also came. The Police enquired both sides and Sankar gave
in writing that he will take care of me well. The letter given by Sankar is Ex. P2.
In that letter Sankar’s father Velusamy and Varadharajan, president of his village,
have put their signatures as witnesses. I gave a petition not to take further action
and that petition is Ex. P3. I have signed in it. Senthilkumar, Anbalagan,
Balasubramanian who are neighbours of Sankar, have also signed as witnesses. In
the Police Station my mother , grandmother, my two Aunts told me that it is
impossible to live with Sankar, who belongs to schedule caste and that the
marriage itself is not valid and asked me to come along with them. During out
marriage Sankar tied Thaali. I told my parents, “I will live with Sankar and I will
not come with you”. My mother asked me to return back the belongings they
gave me. Therefore I returned back one pair of golden studs, one pair of small
studs wear in ear lobe, golden ring, watch, silver foot chainand, golden chain
which were given my parents. My mother took my chappal and bit it and

32
threw it away. I have resided with Sankar in his house at 3/2, Savadi street,
Komaralingam and we lived as husband and wife for 8 months. After two weeks
of my marriage my maternal grandfather Jayaraman came to Sankar’s house. He
told that past is past and that we would compromise. He took me and Sankar to
Kozhumam and bought new dresses and snacks for ourselves. Then we returned
home and my grandfather left his scooty and told me to keep that and went
away. On the next day at about 11 am grandfather Jayaraman came. At that the
time myself, Sankar’s paternal uncle’s daughter Mariyathal and Sankar’s father
Velusamy were there. My grandfather was leaning on the pillar in Sankar’s house
and told that he had chest pain and asked me to take him to the doctor by
scooty. I drove the scooty keeping my grandfather and Mariyathal sitting behind
me. We went to Madathukulam and my grandfather took treatment at a private
hospital. When we came out my grandfather’s friend came there and he told me
to take my grandfather in scooty and he will take Mariyathal with him. My
grandfather drove the scooty and I was sitting behind him. My grandfather’s
vehicle went firstt and then his friend’s vehicle came behind. After some time,
when I saw behind, grandfather’s friend’s vehicle was missing. The vehicle driven
by grandfather’s friend was TVS XL. When I saw back an Indigo car, came and
its doors were open. In that car my father, my mother, father’s friend Kalidas were
sitting. On seeing them, I jumped from the scooty and started running. My
parents chased and caught me and boarded me in the car. They took me to the
house of one Revathi, who is sister of my mother, in Dindigul. There they untied
my Thaali , removed my Metti and my dresses worn by me and through them in
the fire. Then made me to sit and poured water on my head by telling there is no
connection between me and Shankar. But I told them that I will live only with
Sankar. My parents and my aunty took me to various places and did manthriham
and put black paste on me to forget Sankar. They also gave me manthriga food to

33
be eaten by me but I refused to eat. My parents and my maternal aunt took me
to Varushanadu, near Theni to meet a priest and then I was taken to the house of
Revathi at Dindigul. I was there for 3 days. For 2 days, when I was at Dindigul, I
refused to eat. I wanted to go with Sankar and was adamant. The 3rd
accused
Pandithurai came to Dindigul and told my parents that I was doing too much and
that why I should be left alive and that seeing me his children will also go in the
wrong way and hence asked my parents to take me away. In the meanwhile,
Sankar lodged a complaint at Madathukkulam Police Station that I was missing.
The Police registered a case and searched for me. My parents tried to convince
me but in order to cheat them I told them that I will tell in the Police Station that I
would not go with Sankar and stay with them. After that they took me to the
house of Mohan who is my paternal uncle at Kaniyampoondi, Tiruppur. There
my parents brought an advocate and that advocate asked me to give in writing
that I would not go with Sankar. I told that advocate I will go with my parents.
The advocate asked others to leave the room and asked me with whom I will be
residing. I told that I would want to go only with Sankar. For that, the advocate
asked me why I am doing like that at the studying age. Through his mobile
phone I spoke to Sankar. The advocate came out and told my parents what I told
him. My parents took me to one Boonthiammal’s house since Sankar knew
where I was. My mother told me that I cannot live with Shankar and that she
would buy poison and asked me to drink and die. Then my parents left the room
and came back after some time and asked me to go with the advocate to
Madathukulam Police Station. Then that advocate cameand, I went to
Madathukkulam Police Station with him. I made a phone call to Sankar, and
Sankar came to Madathukkulam Police Station and took me. Again we went to
Komaralingam and continued our family life. Within two weeks, Kothaiyammal,
the mother of my mother often visited Sankar’s house. She brought some snacks

34
for me. Sankar and myself wanted to take a scan for my periods problem. My
grandmother overheard and told that she would also come with us. When we
went to Kavitha Srinivasan hospital at Udumalpet, the doctor was not there and so
we returned. While returning back, in the turning of the road, a Scorpio car came
and I saw that the sister of A1, Uma was sitting in the car. I told Sankar that they
have come to kill us and that we should start running. We both ran and we stood
near the fruits shop in front of AVM Backery. My mother, my father’s sister
Vanitha, her husband Gunasekaran, got down from the car and pulled my hands
to come with them. Myself and Sankar raised alarm to save us. A crowd gathered
and the Udumalpet Police also came there and took us to the Udumalpet Police
Station. Immediately my mother and my relatives left the place. The Udumalpet
Police took us to the All Women Police Station, Udumalpet and the All Women
Police told us that they can’t do anything against my parents and warned us to be
safe. After Sankar’s father came to Police Station and we went along with him to
Shankar’s house. After 1 ½ months and before two weeks prior to the
occurrence, my mother, father, grandmother Kothaiyammal and my father’s friend
Palraj came to Sankar’s house and called me. Again I told that I would only live
with Sankar and I will not come. My parents told me that the relatives are angry
that she married a Pallanand, that they told why she has been allowed to live and
they warned me, that if someone would do something to us, they will not be
responsible for that. Prior few days to 13.3.2016, the neighbors told me that
A3 , my maternal uncle, came near my house and noted as to how many houses
are there near my house and how many doors are there for my house and that
who are residing in the house, and they warned me that they are planning to do
something against Shankar and me. Sankar told me that we will go to buy dress
since the college Annual Day function falls on 14.3.2016 and hence on 13.3.2016
at about 12 O’ clock we went to Udumalpet by bus and we got down at Udumalpet

35
Bus Stand and bought a shirt in “super collection” shop for Sankar and after
buying the shirt we proceeded towards Udumalpet Bus Stand and we were waiting
at Palani – Pollachi road, in front of Eswari department stores near Bus Stand. It
may be around 2.15 P.M. At that time, Manikandan stabbed with a Aruval knife in
the back side neck of Sankar and pulled him back and pushed Shankar down.
After that Selvakumar cut Sankar repeatedly with Aruval knife. Then Michael @
Mathan who was wearing helmet cut me on my head and pushed me down.
Manikandan, Jagatheesan, Selvakumar cut Sankar repeatedly, Sankar fell down
and rolled on the ground. After that Manikandan, Selvakumar and
Kalaithamilvanan cut Sankar continuously. Selvakumar and Jagatheesan cut me
with Aruval several times, while Selvakumar and Jagatheesan were cutting
Sankar by uttering “ Palla thayozhi magane, Are you loving, get rid”. When
Jagatheesan cut me he told me to get rid of the world. They went in two motor
cycles with their weapons after thinking that we were dead. I knew the names of
the persons who have assaulted me and Sankar only later when the Magistrate
conducted identification parade at Central Prison, Coimbatore. The Magistrate
while asked me to identify the persons who have cut me by touching them, I as
per her directions, I identified 5 persons who were involved in the occurrence,
by touching them. The Magistrate asked their names and confirmed and then
wrote their names after I identified them. That’s why I am able to tell the names of
the accused who have cut me and Sankar. The accused Jagatheesan(4th
accused),
Manikandan(5th
accused), Selvakumar(6th
accused), Kalaithamilvanan(7th
accused)
and Mathan @ Michael(8th
accused), who have cut me and Sankar on the
occurrence day, are present in the Court today. (The witness identified accused 4
to 8). The accused 4 to 8 who used the Aruval, knives to cut me and Sankar are
available in this Court. The said Aruval and knives are M.O.Nos. 1 to 5. I have
cut wounds on my head and my fingers were also cut in my two hands. After

36
the accused assaulting me I fell down and was lying on the ground for some time
and when I raised an Auto driver came and tied a towel on my head. Even when
the accused was cutting me, an old auto driver ran and tried to prevent them. But
Jagatheesan threatened him that he will also cut him. After getting up I went
and saw Sankar. His right side neck was open. There were many cuts. Myself
and Sankar were taken to Government Hospital, Udumalpet by an ambulance. We
were given first aid there and were sent to Government Hospital, Coimbatore by
the ambulance. In the ambulance, I spoke to Sankar and Sankar told me, pappa,
nothing will happen to him and that he will not leave me. He was trying to
convince me till passing over Kinathukadavu. After that he did not speak. I
thought that Sankar was unconscious. After arriving at Coimbatore hospital, the
doctors checked and told me that Sankar was dead. After that I was taken to
intensive care unit and I was kept there. I was given treatment for 11 days at CMC
Hospital Coimbatore. On 13.03.2016 the Inspector of Police, Udumalpet came to
the Hospital at Coimbatore at about 4 to 4.15 P.M. and the person who
accompanied the Inspector wrote the statement given by me. I signed it and the
complaint statement shown to me is given by me. Complaint statement is Ex. P4.
On that day, mid night, Deputy Superintendent of Police, Udumalpet examined
me. On 16th
, the D.S.P. received my blood stained clothes. I handed over my
shawl, Chudithar tops and pant. Chudithar tops is M.O. 6, Pant is M.O.7 and
Thupatta is M.O.8. On that day Sankar wore Blue colour T Shirt, Blue Pant
Jeansand, Blue colour jatti. The clothes shown to me in the Court are the clothes
worn by Sankar. Sankar’s T shirt is M.O.9, Jeans Pant is M.O.10 and Jatti is
M.O.11. On 21.03.2016 I went to Palladam Judicial Magistrate Court and gave
statement to the Magistrate. After that on 22.03.2016 identification parade was
conducted in the presence of Lady Magistrate at Central Prison, Coimbatore.
There I have identified 4 accused. I have identified Jagatheesan (4th
accused),

37
Selvakumar (6th
acused), Manikandan(5th
accused)and, Mathan @ Michael(8th
accusecd). On 22.03.2016 the Deputy Superintendent of Police, Udumalpet,
examined me. On 12.04.2016, when identification parade was conducted in the
presence of lady Magistrate at Central Prison Coimbatore, I have identified
Kalaithamilvanan(7th
accused). On the next day, on 13.04.2016 the D.S.P.
examined me. I am residing at Sankar’s house till now and I am in the Police
Bandobust till now.
On the side of prosecution, one of the eye witness, Venugopal, has
been examined as PW2. PW2 has deposed in his evidence as follows:
I have my own Auto T.N. 72 W8290 for hire. I parked my auto in
front of U.K.P. Complex near Bus Stand and on 13.03.16 at about 2.15 P.M. when
I was waiting in my auto for the passenger to come back who had gone to buy
some articlesand, at that time, a boy and a girl were standing in front of Eswari
departments road, to cross the road. PW1 is the girl who accompanied the boy on
that day. Later I came to know the name of the boy as Sankar who came with
PW1. At that time a bike came from west to east and parked before my auto.
That person’s name is Jegathees. Later I came to know his name. After that,
two persons came in a motor cycle and the same was also parked. Their names are
Michael and Kalaithamilvanan. I came to know their names later. Two other
persons came from front of the complex near my auto and they are Manikandan
and Selvakumar. Later only I came to know their names. At that time
Manikandan went behind Sankar and stabbed with a knife in the right side neck
of Sankar and pulled him down. After that Selvakumar and Jagatheesan cut
Sankar with Aruval knife repeatedly. At once Sanakar rolled down towards the
left side of the parked vehicle of Eswari department stores. While Sankar rolled,
Selvakumar and Jagatheesan cut him repeatedly. PW1 raised hues and cries not to

38
cut Shankar. At that time, Michael who was wearing helmet pushed down PW1
on the red car parked near my auto. After that PW1 fell down and Selvakumar
and Jagatheesan cut her repeatedly. Again Kalaithamilvanan and Manikandan
went and cut Sankar. Then Jagatheesan rode his motor cycle parked in front of my
auto and behind him Manikandan and Selvakumar sat and by showing the knife
upwards the bike turned and proceeded towards west. The motor cycle came
behind was ridden by Kalaithamilvanan, and Michael sat behind him and they
left towards west. The number of the pulsar vehicle parked in front of my auto
was TN 57 AS 2340. The number of the motor cycle parked behind it was not
noticed by me. After that an ambulance came and took PW1 and Sankar. I left
the scene of occurrence since the passenger came. Jagatheesan (4th
accused),
Manikandan(5th
accused), Selvakumar (6th
accused), Kalaithamilvanan (7th
accused) and Michael @ Mathan ( 8th
accused) are present in the Court today.
( The witness has identified the accused 4 to 8). After dropping the passengers, I
returned to the occurrence place at about 7.30 P.M., The Udumalpet D.S.P.
examined me. On 21.03.2016 I gave a statement before the Judicial Magistrate,
Palladam. On 22.03.2016 I have identified 4 of the accused at identification
parade in the presence of Magistrate at Central Prison, Coimbatore. I have
identified the 4th
accused Jagatheesan, 5th
accused Manikandan, 6th
accused
Selvakumar and 8th
accused Michael by touching them. After my identification,
the Magistrate asked their names whom I touched and Magistrate confirmed the
names and only then I came to know their names. On 23.03.2016 the D.S.P.
examined me. On 12.04.2016 I have identified the 7th
accused at identification
parade at Central Prison, Coimbatore, by touching him. On that day, after my
identification by touching the person, the Magistrate asked the name of that
person and confirmed and only then I came to know his name. The accused 4 to 8
have used the weapons M.O.Nos. 1 to 5 to cut PW1 and Sankar. On 14.03.2016

39
the D.S.P. has examined me. The pulsar motor cycle having registration number
TN 57 AS 2340 and the motor cycle without registration number in the Court,
are the vehicles used by accused 4 to 8 on that day. Pulsar motor cycle having
registration number TN 57 AS 2340 is M.O. No.12 the motor cycle (bajaj
discover) without registration is M.O.No.13.
One of the eye witnesses, Ramasamy, has been examined as PW3.
PW3 has deposed as follows:
I am residing at Udumalpet with family. I am a fruit vendor. I am
doing business through a trolley, in front of U.K.P. complex, on the south side of
Palani-Pollachi road. I have seen the occurrence directly, on 13.03.2016 at about
2.15 P.M. while I was selling fruits in front of U.K.P. Complex. Eswari
departments stores is situated in U.K.P Complex. I came to know the name of
Sankar and Kowsalya only later. Shankar and Kowsalya while standing and
waiting in front of department store road to cross Pollachi-Palani road, since there
was traffic, one person came from west to east and his name is Jegathees, whose
name I came to know later. After that two persons came in a bike and they are
Michael @ Mathan and Tamilvanan, whose names I came to know later.
Selvakumar and Manikandan came to the road from the front of the complex and
proceeded towards north and Manikandan spoke something with the person
who came in the motor cycle came first and Manikandan went behind Sankar
and stabbed with a knife on the left side neck of Sankar and pulled down. After
that Sankar fell down, Selvakumar and Jagatheesan cut him with Aruval
repeatedly. Jagatheesan and Tamilvanan cut him repeatedly by saying,
“ whether love marriage is necessary for a Pallan boy? die with this”. I came to
know the names of the accused later . When I tried to prevent Jegathees he
threatened me that he will cut me also. Kowsalya raised hues and cries as to
save them. At that time Michael @ Mathan, who was wearing helmet, whose

40
name I came to know later, pushed down Kowsalya and said “To cut her and let
her to die. Selvakumar and Jegathees cut Kowsalya repeatedly with Aruval
knives. Kowsalya fell down near the auto. Manikandan cut Sankar with a small knife.
After that he took a big Aruval knife from the bike behind, and cut Sankar repeatedly
who was lying down. After that , two persons went away in the motor cycle parked
behind, towards west. Three persons went in the motor cycle parked in front, towards
west. The face of Michael @ Mathan seems to be clear since he lifted the front side
of the helmet upward. Myself and auto driver Venugopal have seen the occurrence. He
also tried to prevent. Then the public and ourselves sent Kowsalya and Sankar in an
ambulance. The five persons who had involved in the occurrence are present in the
Court today. I am identifying the 4th
accused Jegathees, 5th
accused Selvakumar, 7th
accused Tamilvanan, Michael @ Mathan, were involved in the
occurrence. On the occurrence day, at about 7 P.M. the D.S.P. Came to the occurrence
place and has prepared a sketch and has examined me. On 21.03.2016 I have given
statement in Judicial Magistrate Court, Palladam, on receipt summons. Then I have
received summons for 22.03.2016 to come to Central Prison, Coimbatore. On that
basis, I have gone to Central Prison and a lady magistrate was there. In her presence, I
have identified the 4th
accused Jegatheesh, 5th
accused
Selvakumar and 8th
accused Mathan @ Michael, by touching them. At that time, the
magistrate asked their names and confirmed and only then I came to know their names.
On the next day, 23.3.2016, the Deputy Superintendent of Police examined me. Again on
12.4.2016 I was summoned to come to Central Prison, Coimbatore. There, I have
identified the 7th
accused Kalaithamilvanan in the presence of lady magistrate. At that
time the magistrate asked his name and has confirmed and only then I came to know his
name. On the next day, 13.4.2016, the D.S.P. examined me. The M.O.No.5, knife was
used by Manikandan at first to stab and cut Sankar. The M.O.No.2 is the knife which
was taken by Manikandan from the vehicle parked behind and was used to cut Sankar
repeatedly after he fell down. The 6th
accused Selvakumar has used the M.O.No.3,
Aruval knife to cut Sankar and Kowsalya. The M.O.No.4, knife, was used by the 7th

41
accused Kalaithamilvanan, to cut. The M.O.No.1, knife was used by Jegatheesh, to cut.
The Deputy Superintendent of Police examined me with regard to this case.
One Nasurutheen, who has recorded in his cell phone, the departure of
the accused from the occurrence place after the occurrence, has been examined as
P.W.4.
P.W.4 has deposed that on 13.3.2016 at about 2.15 p.m., when he had
parked his car in front of the Eswari Department Stores situated at U.K.P.
Complex, and that when he was sitting in his car, Sankar and Kowsalya were
standing just before his car to cross the road, and that at that time a person wearing
red colour shirt stabbed in the neck of Shankar with a knife and Shankar fell down
at once, and that the accused wearing yellow colour shirt and green colour shirt
cut Shankar repeatedly with weapons like arivaal and knife, and the accused who
wore helmet pushed down Kowsalya on the ground. The persons wearing red
colour shirt and white checked shirt cut Shankar and Kowsalya raised alarm. The
persons who wore yellow colour shirt and white colour shirt cut her repeatedly.
The person with the helmet and person with the white colour shirt boarded their
parked bike, and left in Pollachi road. In another bike, three accused boarded and
went on Pollachi road. While sitting in the car, he has taken video of the accused
who went in bike, after the occurrence. He has recorded the video in his Micro
Max 120 mobile phone. Phone was shown to him, and he identified the same in
the Court. The car in which he went with his family bore registration number TN
42 9263, Versa while colour. On 17.3.2016 he went to Udumalpet Police Station
and has shown the video taken by him and has handed over the phone with
memory card. He has taken away the SIM cards owned by him. The signature in
the Form.91 prepared by the Police for seizure of the phone from him has been
identified by him. Micro Max A 120 Cellphone with memory card is M.O.No.14

42
series, that the form.91 is Ex.P.5. On 22.3.16 he has identified the four accused
who were involved in the occurrence, in the presence of lady magistrate at Central
Prison, Coimbatore, by touching them. He identified the accused in the Court who
stood in 4th
place as of wearing green colour shirt on the occurrence day, and that
the person standing as 5th
accused, as wearing red colour shirt and a towel around
his neck on the occurrence day and the person standing as 6th
, was identified as the
person wearing yellow colour shirt on the occurrence day and the person standing
as 8th
was identified as the person who wore the helmet and the witness has stated
that his face was clear since there was no front glass in the helmet. He has
identified the person standing as 7th,
as wearing white colour small checked shirt at
the time of occurrence. The witness touched the accused in the Court while
identifying each of them.
The prosecution examined another eye witness Gunasekaran as P.W.5.
PW5 has deposed that he sells fruits in Handcart, and used to sell
fruits in front of Anandha Hotel near Bus Stand on the Udumalpet - Pollachi High
Road. He has further deposed that on 13.3.2016 from 2.15 p.m. to 2.30 p.m., when
he was selling fruits in front of Anantha Hotel, near Udumalpet Bus Stand, that
place was found sensational as someone has been assaulted in front of U.K.P.
Complex, and at that time one person (the A.9 Dhanraj) came in a motor cycle
from the direction of Pollachi and stood in front of his fruit shop without switching
off the engine of the vehicle and was seen very nervous, and at that time one
person (A.10 Prasannakumar) came running and sat behind in the vehicle of A.9
and, that the motor cycle immediately had gone towards Palani and, he had
noticed that the person who came running and stood behind in the vehicle also
seemed to be very tense. He has further deposed that, when he sees the person, he
will be able to identify both of them, and has stated that the Deputy Superintendent

43
of Police, Udumalpet, had enquired him on 21.03.2016, and that on receipt of the
summons from the Court, he had gone to the Central Prison, Coimbatore on
06.04.2016 and identified the person who came driving the motor cycle before the
Magistrate by touching him (A.9) and that at that time the Magistrate had asked
and confirmed the name of the person he identified and at that time only he came
to know that the name of the person he identified was Dhanraj. He has further
deposed that, on that evening itself, the Deputy Superintendent of Police had
enquired him. He has further deposed that, on summons, he had gone to the
Borstal School at Pollachi on 07.04.2016, where he identified the person (A10),
who came running and sat behind the motor cycle during the occurrence, before
the Magistrate, by touching him, and that when the Magistrate confirmed the name
of the said person, she told the name of the person as Prasannakumar and because
of that only he knew the name of the concerned (A10). He has deposed that on the
evening itself the Deputy Superintendent of Police had enquired him in this regard,
and that he can identify both of them, and he confirmed that the 9th
Accused
Dhanraj who was present in the Court was the one who came fast in the motor
vehile and stood before his Handcart Fruitshop and that the accused
Prasannakumar who was present in the Court is the person who came running and
sat behind in the Motor Vehicle of A9 (PW.5 clearly identified the Accused 9 and
10), and further deposed that he was enquired by the Police in this regard.
One Logithasan, Salesman of Eswari Departmental Store, cited as
Observation Mahazar Witness by the prosecution, was examined as P.W.6.
PW6 has deposed that at present he is residing at Pasupathy Street,
Udumalpet, and that he is working as a Salesman in the Eswari Department Stores
located at UKP Complex opposite to the Bus Stand, and that on 13.3.2016 at about
7.30 p.m., the Deputy Superintendent of Police of Udumalpet, had come and was

44
inspecting the occurrence place situated in front of his store, and at that time
himself and one Kabilan who was working with him in the shop was standing in
the crowd and prepared the Observation Mahazar which is marked as Ex.P.6 and
Rough Sketch in the presence of both of them and that the Police had obtained
their signatures in the Observation Mahazar. He has further deposed that the D.S.P.
had seized the blood stained soil under the parked mini door vehicle belonging to
the Eswari Departmental Stores and the sample soil and blood stained soil was
taken in their presence and that the Seizure Mahazar was prepared and the same
was marked as Ex.P.7 and that he and Kabilan signed as witnesses. The above said
seized articles are M.O.Nos. 15 to 18.
One Thiru.Amarnath, who is the proprietor of Eswari Department
Stores, was examined as P.W.7.
P.W.7 has deposed that, on 16.3.2016 at about 5.00 p.m., the D.S.P. of
Udumalpet came to his shop with a technician working in government office and,
had asked him to hand over the hard disk of CCTV camera installed in front of his
Departmental Stores in which the recordings with regard to the occurrence of the
assault of Sankar and Kowsalya that took place on 13.3.2016 in front of his shop
which was said to have been recorded and, that the DSP seized the DVR in which
CCTV was fixed and the hard disk fixed in it and adopter, in the presence of
himself and one Siva and Sutharsanraj who were working in his shop through a
Seizure Mahazar. He has further deposed that he and the workers Siva and
Sutharsanraj along with the Government Technician Thiru.Thangavelu, had signed
in that Seizure Mahazar and, that the Seizure Mahazar was marked as Ex.P.8 and,
the hard disk with D.V.R. was marked as M.O.No.19 and adopter as M.O.No.20.

45
Thiru.Thangavelu, Assistant Director, Forensic Science Laboratory,
has been examined as P.W.8.
P.W.8 has deposed that he is the assistant director of the Mobile
Forensic Unit at Erode and holding additional charge for Tiruppur District also.
The witness deposed about his assisting the investigating officer in the seizure of
M.O.19 and M.O.20, the CCTV Camera with hard disk from Eswari Departmental
Store. He has identified his signature in Ex.P8.
One Vigneshwaran, who is the younger brother of deceased Shankar,
was examined as P.W.9.
P.W.9 has deposed that, on the next day of 22.7.2015, when he had
returned from the college, his grand mother told him that his brother’s wife
Kowsalya and his sister Mariammal, had gone with Jayaraman, the grand father of
Kowsalya, and have not returned home, and that only Mariammal had returned
home at about 10.00. p.m. He has further deposed that Mariammal had told that
Kowsalya’s grandfather took them in the scooty, by telling her that they will return
after getting money, and that Mariammal was standing in the Bus Stand for a long
time, and that since they did not return, she had come back home. He has further
deposed that on 24.7.2014, his brother Shankar had lodged a complaint to secure
his wife Kowsalya who was missing, and that on 26.7.2015, the Police informed
over phone that Kowsalya has come to the Police Station and, that his brother and
his father went to Madathukulam Police Station and took his brother’s wife and
after that she was in their house. He has further deposed that on 13.3.2016, Sunday,
he was in his home and, that his brother Shankar and his wife Kowsalya went to
Udumalpet to buy dresses at about 12.30 p.m. and, that at about 3.00 p.m., he came
to know that his brother Shankar and Kowsalya were assaulted near Udumalpet
Bus Stand and, that they have been taken away to C.M.C.Hospital, Coimbatore.

46
He has further deposed that, hearing about the assault of his brother and his in-law
Kowsalya, he and his father and his uncle rushed to C.M.C.Hospital, Coimbatore
and, there they were told that his brother had died and his body is kept in the
mortuary and, that he along with his father and uncle saw the body of Shankar in
the mortuary and, that his in-law Kowsalya was on treatment in the intensive care
unit at C.M.C. Hospital, Coimbatore. He has further deposed that the D.S.P. had
examined him on 14.3.2016 during the inquest.
Thiru.Thirumalaisamy, Village Administrative Officer,
Kanakkampalayam, was examined as P.W.10.
P.W.10 has deposed that on 25.3.2016 at about 6.30 a.m., the D.S.P. of
Udumalpet had called him over phone and told that he needs to enquire one
Prasanna @ Prasannakumar with regard to the murder that happened on
13.03.2016 near the Udumalpet Bus Stand and had requested to come to
Udumalpet Police Station with regard to the enquiry and, that he and his Assistant
Parameswaran went there and, that at that time, the D.S.P. enquired A10
Prasannakumar in their presence and, that at that time A10 gave a confession
statement and the same was recorded in a computer and he also had identified A10
in the Court. He has further deposed that A10 in his confession had stated that he
had concealed pant, shirt and cellphone in his house and, that if he was taken there,
he will hand over all those things and, after that PW10 and his assistant had signed
in that confession statement. PW10 has further deposed that the signature found in
the confession statement was his signature and, that the admitted and underlined
portion in the confession was marked as Ex.P.10. He has further deposed that
when D.S.P. played the video recordings of the occurrence, A10 saw and identified
the person who was wearing the helmet as Mathan @ Michael and, the person
who was riding the second bike as Kalaithamilvanan and, the person who rode the

47
bike from west to east as Dhanraj, and that after the occurrence he had gone in the
motor cycle with Dhanraj.
Thiru. Eswaran, Village Administrative Officer, Rahalbavi, was
examined as P.W.11.
P.W.11 has deposed that on 15.3.2016 at about 12.15 p.m., he and his
Village Assistant Chockalingam were coming near Mukkonam - Anaimalai Road
Railway Gate and, that there the D.S.P. of Udumalpet was examining A6
Selvakumar, A8 Mathan @ Michael and A11 Manikandan with regard to the
murder that took place on 13.3.2016 and, that the three accused voluntarily gave
confession statements to the D.S.P. in their presence. (The witness identified A6,
A8, and A11 in the Court). He has further deposed that during the examination of
A6 Selvakumar, the Police seized a Bajaj Discovery two wheeler which was
without registration number from him in their presence and, that the accused
Selvakumar stated in his confession that one Jegadeesh gave him Rs.20,000/- for
the occurrence and handed over the money to the D.S.P. and, that the D.S.P. seized
the motor cycle and money under Seizure Mahazar marked as Ex.P.11, in their
presence and, that the motor cycle was marked as M.O.No.13 and, that the cash
Rs.20,000/- was marked as M.O.No.21 series and, that the accused Selvakumar in
his confession stated that he concealed black and yellow checked full hand shirt
worn by him at the time of occurrence and the knife, below the P.A.P. canal sluice
near Ganapathipalayam road and, that if he was taken there, he would hand over
them and, that he and the Village Assistant signed in the confession statement and,
that the admitted and underlined portion in confession statement was marked as
Ex.P.12. Thiru. Eswaran, has further deposed that the D.S.P. recorded the
confession statement of Mathan @ Michael in their presence and, that the accused
Mathan @ Michael stated in his confession that he had concealed blue, orange,

48
wooden colour checked, full hand shirt worn by him at the time of occurrence and
blood stained knife in a bush under a Velam tree in the Chinna Vaikkal Itteri on the
south side of Sadayapalayam Pirivu and, that if he was taken there, he would
identify and hand over them and, that he and his Village Assistant signed in the
confession statement and that the admitted and underlined portion in the confession
statement was marked as Ex.P.13. He has further deposed that Mathan @ Michael
handed over his full hand shirt and knife as per his confession and, that the shirt
was marked as M.O.No.22 and the knife was marked as M.O.No.4 and, that they
had signed in the seizure mahazar prepared by the D.S.P. that was marked as
Ex.P.15. He has further deposed that the D.S.P. examined A11 Manikandan in their
presence and he confessed that he gave shelter in his house at Pattiveeranpatti to
A6 Selvakumar, A4 Jegadeesh, A8 Mathan @ Michael and, A5 Palani Manikandan
who were involved in the occurrence and would identify his house. Thiru.Eswaran
and his Village Assistant signed in the confession statement and, that the admitted
and underlined portion in the confession statement was marked as Ex.P.14.
Thiru.Thowbiq Raja, Village Administrative Officer, Somavarampatti
Village was examined as PW12.
P.W.12 has deposed, that on 15.03.2016 at about 8.30 a.m., he and his
assistant Vijayakumar had gone to the temporary check post, Pethapampatti and,
that the accused Jagatheesh and Manikandan were there (the witness identified A4
and A5 who were present in the Court) and, that they were giving confession
statements to the Deputy Superintendent of Police. The V.A.O. has further
deposed that the D.S.P. seized the Bajaj Pulsar No.TN 57 AS 2340, marked as
M.O.No.12 and driven by Jagatheesan and, that the accused Jagatheesan in his
confession had stated that he has concealed the green colour shirt worn by him at
the time of occurrence and the knife used by him and, yellow and black checked

49
shirt worn by accused Selvakumar at the time of occurrence and the knife used by
Selvakumar under the P.A.P. Channel sluice, situated 4 k.m. away from the
Ganapathipalayam road, Pollachi main road, and if he is taken there, he will hand
over them. The V.A.O. has further deposed that he and his assistant signed in the
confession statement and, that the admitted underlined portion in the confession
statement was marked as Ex.P.16 and, that the accused A4 Jagatheesan in his
confession had told that Chinnasamy gave him a sum of Rs.50,000/- to him for the
occurrence and, that he gave Rs.20,000/- to his companion and apart from the
spent amount he was having Rs.24,000/- and, that the D.S.P. had seized motor
cycle and Rs.24,000/- from the accused Jagatheesan in their presence and prepared
Seizure Mahazar that was marked as Ex.P.17 and, that had they signed in it and, the
amount of Rs.24,000/- was marked as M.O.No.23 series.
P.W.12 has further deposed that they signed in the confession
statement of A5 Manikandan in which A5 has confessed that he had hidden the
maroon colour shirt worn by him at the time of occurrence and sandal colour towel
and the knife used by him during the occurrence under the P.A.P. Channel sluice, 4
kms. away from the Ganapathipalayam road, Pollachi main road, and that if he was
taken there, he will hand over them and, that the admitted underlined portion in
the confession statement was marked as Ex.P.18 and, that they went to the said
place and the accused handed over the green colour shirt of Jagatheesan marked as
M.O.24 and, the knife marked as M.O.No.1 and, that the accused Jagatheesan
handed over the shirt worn by accused Selvakumar at the time of occurrence,
marked as M.O.25 and, the knife used by A6 Selvakumar, marked as M.O.No.3.
He has further deposed that the accused Manikandan handed over Maroon colour
shirt worn by him at the time of occurrence marked as M.O.No.26 and, the sandal
colour towel marked as M.O.No.27 and, the knife marked as M.O.No.2, which

50
were seized from the same place by the D.S.P. through the Seizure Mahazar
marked as Ex.P19 and, that he and his assistant signed in the Seizure Mahazar
Ex.P.19.
Thiru. Syed Ibrahim, Village Administrative Officer, Udumalpet
Town, was examined as P.W.13.
P.W.13 has deposed, that on 22.3.2016, he and his village assistant
Muruganandham went to Udumalpet Police Station on the request of the D.S.P. and
there the accused A3 Pandithurai gave a confession statement to the D.S.P. in their
presence (the witness identified A3 Pandithurai). Further, PW13 has deposed that
on 24.3.2016 at about 2 hours, he and his village Assistant went to Udumalpet
Police Station at the intimation of the D.S.P. and, that there A1 gave confession
statement to the D.S.P. in their presence (the witness identified A1 Chinnasamy)
and, that in his confession A1 stated that he had mental agony since his daughter’s
love marriage and, that he knew Jagatheesan for the past 3 years and, that Mathan
@ Michael is his relative and, Jagatheesan is also his relative. The accused
Chinnasamy further confessed that he told Pandithurai about the mental agony he
was having due to his daughter’s love marriage and, that he gave a Bajaj Discover
vehicle without number to Jagatheesan who took Mathan @ Michael to
Komaralingam and identified Shankar and his house to him. A1 further confessed
that after that in a park situated at Kodaikanal Pirivu at Dindigul to Palani Bye
pass, Jagatheesan, Selvakumar, Michael @ Mathan, Manikandan and Chinnasamy
made conspiracy and, that he made the above said 4 persons to stay at Bakya
Lodge, Palani by paying money and, that in the last week of the previous month
before the occurrence A1 drew amount in denomination of Rs.10,000/- in A.T.M.
and asked Jagatheesan to come to his house and paid Rs.50,000/- as advance and
has further deposed that if he was taken, he will identify the place where they

51
entered into conspiracy. P.W.13 and his assistant signed in the confession
statement of A1 and stated that the signature in the confession statement was his
signature.
P.W.13 has further deposed that on 29.3.2016 at about 5.30 p.m., the
Deputy Superintendent of Police called him over phone to come to Udumalpet
Police Station and, that he and his assistant went to Udumalpet Police Station and,
that the accused Jagatheesan and accused Manikandan were there in the Station
and, that the D.S.P. examined them, (the witness identified Jagatheesan and
Manikandan who were present in the Court). P.W.13 has further deposed that the
D.S.P. showed the video recordings of the scenes containing the assault on Shankar
and Kowsalya on 13.3.2016, in the laptop and, that the accused Jagatheesan and
Manikandan identified themselves and the other accused concerned in that video
recordings and, that he and his assistant signed in the confession statements given
by them. He has further deposed that on 30.3.2016 at about 8.00 a.m. he and his
assistant went to Udumalpet Police Station on the requisition of the D.S.P. and,
that the accused Selvakumar and accused Mathan @ Michael were there in the
Station (the witness identified A6 Selvakumar and A8 Mathan @ Michael present
in the Court) and, that D.S.P. showed the video recordings having the scene of
Shankar and Kowsalya being assaulted near Udumalpet Bus Stand on 13.3.2016, in
the laptop and, that the accused Selvakumar and Mathan @ Michael identified
themselves and the other accused who took part in occurrence in that video
recordings and that the D.S.P. obtained signatures from himself and his assistant in
the confession statements given by them.
Thiru.Baskaran, proprietor of Bakya Mahal Lodge at Palani was
examined as P.W.14.

52
P.W.14 has deposed, that his lodge is situated near the Tourist Bus
Stand from where the rope car starts and, that A1 Chinnasamy drives car for hire
and he used to bring parties to his lodge and on that basis he knew Chinnasamy
very well. He has further deposed that since Manikandan’s father Marimuthu sells
banians by keeping them in a T.V.S.50 in front of his lodge, he also knew
Manikandan very well ( the witness identified A1 Chinnasamy and A5
Manikandan). Thiru. Manoharan, who is the brother of P.W.14 was examined as
P.W.15 and he corroborated the above said evidence of P.W.14 and, that he also
identified A1 Chinnasamy, A5 Manikandan and A8 Mathan @ Michael. P.W.14
has further deposed that on 05.3.2016, Chinnasamy and Manikandan came with
another person and asked a room for hire and, that A1 was staying in the room for
some time and then he went away and, that Manikandan and the other person
stayed there and, that he knew that the name of that person was Mathan since
Chinnasamy and Manikandan called him as “Mathan”. PW14 has further deposed
that the register (total 45 pages) containing the details of persons who are staying
in the lodge was marked as Ex.P.20 and, that in the 2nd
page of the said register,
the particulars of allotment of room number 8 to the accused Manikandan was
written by himself and was marked as Ex.P.21. He has further deposed that since
he was met with an accident on 09.03.2016 and was on treatment in a Hospital, his
brother Manoharan took care of the Lodge and used to visit the Hospital daily, and
that he had told him that two to three young aged persons would come and see
Manikandan and Mathan in the lodge often. PW14 has further deposed that on
13.06.2016, his brother visited the hospital at about 7.00 p.m., and when asked
about lodge details he told him that Manikandan had vacated the room and had
handed over the key at about 5.00 p.m. PW14 has further deposed that on
25.3.2016 at about 1.00 p.m., the Udumalpet Deputy Superintendent of Police
came to his lodge and examined him and, that when D.S.P. asked the register,

53
marked as Ex.P.20 he handed over the same and had put his signature and, that the
endorsement made by him for such handing over was marked as Ex.P.22 and, that
D.S.P. prepared a Seizure Mahazar for it. PW14 has further deposed that since
Manikandan’s Father was known to him, he did not get the signature of
Manikandan in the Register and that he had not issued any receipt both for
Rs.100/- received as advance and the amount of Rs.2000/- paid after vacating the
room by the concerned.
One Manoharan who was examined as P.W.15 has corroborated the
above said evidence of P.W.14.
P.W.15 has deposed, that he and his brother Baskaran and one
Chokkaraj put their signatures in the Seizure Mahazar and that was marked as
Ex.P.23. P.W.15 has further deposed that on 13.3.2016 at about 10.00 a.m.
Chinnasamy, Mathan and Manikandan went out in two motor cycles and, that at
about 5.00 p.m. Manikandan and Chinnasamy came back and paid the rental
arrears of Rs.2000/-and handed over the key and vacated the room.
One Raja has been examined as P.W.16.
P.W.16 has deposed, that he is residing at Palani and knew
Thirumalaisamy, S/o.Nagaraj and, that before 6 months, the said Thirumalaisamy
had mortgaged his Bajaj Discover motor cycle No.TN 57 AZ 3957 to him, but did
not hand over the R.C. Book to him. Thirumalaisamy, who was examined as
P.W.17 corroborated the above said evidence of P.W.16. Raja has further deposed
that he knew the A5 Manikandan and, that the accused was doing mason work
under him (the witness identified A5 Manikandan). P.W.16 has further deposed
that on 13.3.2016 at about 11.00 a.m. Thirumalaisamy took the said motor cycle
for going to shop and returned the same at about 4 / 5 p.m. on the same day. He
has further deposed that on 28.3.2016, the D.S.P. Udumalpet came to his house,

54
examined him and seized Bajaj Discover vehicle bearing No. TN 57 AZ 3759 by
preparing a Seizure Mahazar in which Thirumalaisamy and his uncle Rajendran
put their signatures and that the motor cycle Bajaj Discover bearing registration
No. TN 37 AZ 3957 was marked as M.O.No.28. P.W.17, Thirumalaisamy
corroborated the above said evidence of Raja (P.W.16).
Thiru.Thirumalaisamy has been examined as P.W.17.
P.W.17 has deposed, that the Bajaj Discover 150 numbered TN 58 AZ
3957 belongs to him and he had bought the same by loan and the R.C.book of the
vehicle is with the Financier, and that he knows Raja who was his Maesthiri and he
had pledged his vehicle for Rs.10,000/- before 6 months, and since then the Vehicle
is with Raja only. He has further deposed that on 28.03.2016, he had gone to the
house of Raja around 6 o’clock in the evening and at that time the DSP of
Udumalpet had come to the House of Raja and had seized his above said bike in
Seizure Mahazar in Ex.P24, and assured that the said motor cycle is M.O.No.28.
One Murugesan has been examined as P.W.18.
P.W.18 has deposed, that he and his daughter were constructing a
house on the west side in the street behind the house of Annalakshmi and
Chinnasamy and, that on 1.4.2016 at about 1.00 p.m. when he was supervising the
construction work, Annalakshmi handed over a parrot green and black colour
cellphone to the D.S.P., Udumalpet, who came to their house and, that D.S.P.
obtained signatures in the Mahazar prepared for it from himself and one
Sathishkumar who was residing opposite to her house, and that was marked as
Ex.P.25 and, that the said parrot green and black colour cellphone on which it has
been written as ‘enfin’ with Vodafone Sim Card was marked as M.O.No.29.

55
One Gopalakrishnan, Panchayat Deputy President, Kurichikottai, has
been examined as P.W.19.
P.W.19 has deposed, that on 06.04.2016 at about 7.30 a.m. he met his
friend Gandhi Selvam near Udumalai Bus Stand and, that since the DSP called
them at that time, they had gone to the Udumalpet Police Station where the D.S.P.
was examining one Kalaithamilvaanan (the witness identified the accused
Kalaithamilvaanan). He has further deposed that he and his friend Ganthiselvam
were present at the time when D.S.P. played the video recordings in the laptop
having the scene of murder of Shankar near Udumalai Bus Stand and, that
Kalaithamilvaanan identified himself as the person who rode the motor cycle in
that video recording and that had told that he will hand over the knife from the
place it was concealed, and that the confession statement of Kalaithamilvaanan
was taken by the DSP and that PW19 and Gandhi Selvam had signed in as witness
and that the admissible underlined portion in his confession statement was marked
as Ex.P.26.
One Suresh, has been examined as P.W.20.
P.W.20 has deposed, that on 6.4.2016 at about 1.15 p.m. when he and
his friend Vignesh were going by Tata Ace vehicle from Komaralingam to
Nallannagoundenpudur and around 01.50 p.m. when they were travelling by
Kumarlingam to Palani road, near Kuthiraiyar bridge, they saw the Deputy
Superintendent of Police, Udumalpet standing with one Kalai ( the witness
identified A7 in the Court) and, that the said Kalai took them towards the front of
the itteri lying on the right side of Kuthiraiyar bridge and took the knife marked as
M.O.No.5 from the thorny fence there and handed over the same to the D.S.P. and,
that the D.S.P. prepared the Seizure Mahazar marked as Ex.P.27, for seizing it and
obtained witness signatures from himself and one Vignesh.

56
One Kalidass has been examined as P.W.21.
P.W.21 has deposed, that he used to park his auto in Thiru Nagar Auto
stand at Dindigul Road and, that A1 Chinnasamy used to park his car in the
opposite car stand (the witness identified A1 Chinnasamy in Court) and, that A1
Chinnasamy is well known to him and that A1 had told him that his daughter
Kowsalya had love marriage with one Shankar because of which he was feeling
very embarrassed and feels very ashamed since his daughter had married a male
belonging to scheduled caste community and hence colloquially told him that both
of them have to be, for which PW21 used to console A1 that it is usual and
convinced him to let them live. P.W.21 has further deposed that 20 days before the
murder of Shankar, when he was coming in the bye-pass around Palani in his auto,
at about 6.00 p.m., he saw A1 Chinnasamy standing with four youngsters near
Children Park and, that he knew Jagatheesan and Manikandan since he already had
seen them with Chinnasamy and, that he did not know the names of other two
persons (the witness identified accused Jagatheesan and Manikandan as they are in
the Court) and, that Chinnasamy was asking them about what they will do for the
shame caused by his daughter’s marriage with Shankar and, that PW21 thought
that Chinnasamy was speaking angrily as usual and hence had left that place.
PW.21 has further deposed that he came to know about Shankar and Kowsalya
being admitted in hospital after assault against them on 14.03.2016 only after
reading the newspaper, and on 25.03.2016, that the DSP while enquiring others in
the stand had enquired him also.
One Anbazhagan, who is the 9th
ward councellor of Komaralingam
Panchayat, has been examined as P.W.22.

57
P.W.22 has deposed, that Komaralingam is the native place of Shankar
who was murdered in this case and, that Shankar was studying in a college and,
that he belongs to Hindu, Pallar community and, that he himself also belongs to
the same community. He has further deposed that Shankar loved Kowsalya and
married her and, that Kowsalya was from Palani and belong to Hindu, Thevar
community and that her parents did not accept the marriage. P.W.22 has further
deposed that after marriage with Shankar, Kowsalya was in the house of Shankar
and, that after two months of marriage, Kowsalya’s parents and grandmother came
to the house of Shankar and asked Kowsalya to come with them, but Kowsalya
told that she would live only with her husband Shankar and, that on 12.03.2016,
the last Saturday before the murder of Shankar, at about 5.00 p.m., he saw
Chinnasamy speaking angrily with 4 to 5 youngsters in front of the place where the
rope car starts at Palani and that he did not knew about what they were speaking,
and that he knew Chinnasamy and would be able to identify the 4 other persons
(the witness identified A5 Manikandan, A6 Selvakumar, A7 Kalaithamilvanan and
A9 Dhanraj by touching them) and that the identified persons only were spearking
with A1 Chinnasamy near the rope car terminus on 12.03.2016 around 5 p.m. and
that had gone away since A1 was angirily speaking and that while going for work,
the next day on 13.03.2016 evening, he came to know that both the Shankar and
Kowsalya have got assaulted, and that the DSP had enquired him after 2 days in
this regard.
Karunanithi, Village Administrative Officer, has been examined as
P.W.23.
P.W.23 has deposed, that on 25.3.2016 at about 10.00 a.m., when he
and his village assistant were going to Karikaranputhur, the Deputy Superintendent
of Police was seen examining A10 Prasannakumar at Karikaranputhur (PW23

58
identified A10 in the Court). He has further deposed that Prasannakumar went
inside the house and brought a cellphone, pant, and shirt worn by him during the
occurrence day and handed over them to the D.S.P. and, that the blue colour Nokia
phone was marked as M.O.No.30 and, that the shirt and pant of Prasannakumar
was marked as M.O.Nos.31 and 32 respectively and, that the DSP had prepared
seizure mahazar for seizure of the above in which he and his assistant had signed in
and the same is marked as Ex.P.28. P.W.23 has further deposed that on 28.3.2016,
he and his assistant Kalimuthu went to Vandivaikkal area on the request of the
D.S.P. at about 3.45 hours and, that the D.S.P. and accused Dhanraj were there with
the Police party (the witness identified A9 Dhanraj in the Court). He has further
deposed that the DSP enquired Dhanraj in their presence and that Dhanraj gave
confession statement in which he and his assistant had signed and, that the said
Dhanraj took three cell phones out of a blue colour bag he had kept in his hand
and, that the DSP had prepared seizure mahazar for the same and that they signed
in the Seizure Mahazar marked as Ex.P.29 and, that the blue colour bag was
marked as M.O.No.33, that White colour Lava phone was marked as M.O.No.34,
that Red colour Samsung phone was marked as M.O.No.35, that Red and Silver
colour Cellphone was marked as M.O.No.35, and that Gray colour Samsung phone
was marked as M.O.No.36 and, that A9 Dhanraj told that he would identify the
Discovery motor cycle bearing Regn. No. TN 57 AZ 3957 parked in the house of
Raja, Maesthiri, situated at Sathya Nagar, Palani and that the underlined admitted
portion in the confession statement was marked as Ex.P.30 and, that he and his
assistant had put their signatures in that confession statement.
One Ranganathan, who was the classmate of A10 Prasanna @
Prasannakumar, was examined as P.W.24.

59
P.W.24 has deposed, that he is studying in his third year of B.Com.,
C.A. in Vidyasagar College, Udumalpet and, that the A10 Prasannakumar was
studying in his class and he was his classmate ( the witness identified the A10 in
the Court). He has further stated that on 13.3.2016 at about 12.30 p.m., when he
was walking through the Komaralingam Bus Stand, Prasannakumar and another
person were drinking tea in the Rasi Bakery situated south to the Bus Stand and,
that at that time Shankar and Kowsalya were found waiting there for bus and, that
the Udumalai bus came and both Shankar and Kowsalya boarded in that bus and
Prasanna also boarded in that bus. P.W.24 has further deposed that he did not go in
that bus and, that the person accompanied Prasanna followed the bus by a motor
cycle and, that the person who had spoken with Prasanna was present in the Court
and identified A9 Dhanraj.
One Duraisamy was examined as P.W.25.
P.W.25 has stated in his evidence that he knew A1 Chinnasamy for the
past 7 years and that on hearing the news that the daughter of Chinnasamy had
married Shankar, he met Chinnasamy in a tea shop at Palani after two days and,
that Chinnasamy was telling with tears in his eyes that such a happening took place
in his family and his wife was behaving like an insane without taking food. PW25
has further deposed that he tried to console Chinnasamy with convincing words but
there was no effect and that after one month he came to know about the occurrence
by seeing television ( the witness identified A1 Chinnasamy in the Court).
One Arumugam who is running a tailoring shop at Komaralingam,
was examined as P.W.26.
P.W.26 has deposed that he is residing in Komaralingam and is
running a tailoring shop and, that he knows the family of deceased Shankar.
P.W.26 has further deposed that he heard that Shankar married one Kowsalya and it

60
was a love marriage and that after the marriage, Kowsalya was living in the house
of Shankar and, that the parents of Kowsalya came to the house of Shankar two or
three times and were trying to take Kowsalya with them and, that Kowsalya told
them that she will be in the house of Shankar and lived there and she did not go
with her parents. P.W.26 has further stated in his evidence that one week before
the murder, when he was standing in front of the petty shop near Shankar’s house,
Kowsalya’s father Chinnasamy came with a boy in a motor cycle and identified the
house of Shankar to that boy (the witness identified A1 Chinnasamy in the Court).
One Mahendran was examined as P.W.27.
P.W.27 has deposed that he is residing in Perumal Kovil Street,
Karikaranputhur, Palani and, that he does know Prasannakumar from childhood.
He has further deposed that Prasannakumar was residing in his street and, that he
did not give Prasannakumar either cellphone or SIM card and that he came to
know about the occurrence through What’s app. The prosecution prayed
permission to treat him as hostile witness and permission was granted.
One Karthick was examined as P.W.28.
P.W.28 has deposed that before two years ago he bought Bajaj
Discover TN 57 AR 0569 two wheeler by getting loan from Sriram Finance at
Palani and, that he borrowed a sum of Rs.70,000/- from Chinnasamy and his wife
Annalakshmi belonging to Palani for his sister’s marriage ( the witness identified
Chinnasamy and Annalakshmi in the Court), and that he had repaid Rs.20,000/- to
A1 and since he could not pay the remaining loan amount of Rs.50,000/-, A1 took
away the said Bajaj Discover TN 57 AR 0569 vehicle and, that on 27.02.2016
when he went to the house of Chinnasamy for giving money, A1 Chinnasamy told
him that he handed over the said motor cycle to his relative Dindigul Jagatheesan
for an important work and asked him to come after 10 days. P.W.28 has further

61
deposed that again on 16.3.16 when he went to the house of Chinnasamy, it was
found locked and, that since he came to know that the owner of the vehicle was
wanted in the Shankar murder case, he met the D.S.P. of Udumalpet on 27.3.2016
and told all the details and, that the vehicle that was in the Court which was
marked as M.O.No.13 was his vehicle and, that when he handed over the vehicle to
A1 Chinnasamy, the number of the vehicle was available written and that when he
saw his vehicle in the Court, the number was found to be erased.
One Venkatesan, is an Advocate and the owner of black colour Pulsar
motor cycle bearing Regn. No. TN 59 AV 2766, and he was examined as P.W.29.
P.W.29 has deposed that on 26.02.16 at about 8.45 p.m., he had parked
his vehicle in front of the Bilal Hotel opposite to Mattuthavani Bus Stand at
Madurai and had gone for eating and, that when he returned back after eating, he
found his vehicle to be missing and, that he searched for his vehicle in the nearby
places and then gave a complaint before Madurai K.Puthur Police Station on
27.2.2016 and, that the same has been registered as CSR.No.83. He has further
deposed that on 8.4.2016, the Udumalpet D.S.P. told that his vehicle was involved
in Shankar murder case and, that on 9.4.16 he went to Udumalpet Police Station
and identified his vehicle there and, further deposed that another number was
written in his vehicle instead of its original Registration Number TN 59 AV 2766
and that the vehicle was marked as M.O.No.12 in the Court was his vehicle.
One Balasubramaniam, who is an auto driver was examined as
P.W.30.
P.W.30 has deposed that he used to run his auto in Tirunagar, Palani,
and used to park his auto in Tirunagar Auto Stand, and that on 25.03.2016
Afternoon at 1.30 p.m., was enquiring at Children Park, Arulmigu Dandayuthapani
Thirukovil, situated at Dindigul Bye-pass road, and that he and one Selvaraj went

62
there and, found Chinnasamy there and, that A1 Chinnasamy was showing a place
to the D.S.P. and the D.S.P. prepared Observation Mahazar marked as Ex.P.32, in
their presence and they put their signatures in it and that he knows A1 Chinnasamy
since he used to park his taxi opposite to his stand (the witness identified A1
Chinnasamy in the Court).
One Mohanapriya, who was the then Motor Vehicle Inspector,
Transport Office, Palani, was examined as P.W.31.
P.W.31 has deposed that Udumalpet Deputy Superintendent of Police
called her to confirm whether the details of engine number and chasis number of
the concerned Bajaj Discover motor cycle were PAZWEL 96016 and MD 2A
57AZ5EWL20537 respectively and, that on that basis she saw the registers
concerned with that vehicle and issued the certified copy of B Register having the
details of that vehicle and that was marked as Ex.P.32.
One Malathi, who was the then Motor Vehicle Inspector - I, Regional
Transport Office, Udumalpet, was examined as PW.32.
P.W.32 has deposed that the Judicial Magistrate No.I directed her to
examine whether the motor cycles having registration numbers TN 59 AB 2766
and TN 57 AZ 3957 and another motor cycle without registration number are in a
condition to ride in a road and, that on 12.4.2016, she went to Udumalpet Police
Station and examined the above said three vehicles. She has further deposed that
she identified the registration number of the vehicle without registration number as
TN 57 AR 0569 by feeding it’s engine and chasis numbers online and, that she told
that detail to the D.S.P. and, that she took the pencil prints of the chasis numbers
of all the three vehicles and affixed them in her certificate and, that she drove all
the said three vehicles and certified that all the three vehicles were in a condition to
ride on the road and the certificate issued by her was marked as Ex.P.33.

Sessions court 12 dec 2017 shankar honor killing conviction

Sessions court 12 dec 2017 shankar honor killing conviction

Recommended

Recommended

More Related Content

What's hot

What's hot (17)

Recently uploaded

Recently uploaded (20)

Sessions court 12 dec 2017 shankar honor killing conviction