PERUMAL Vs. S.V.KRISHNAMURTHY

JUDGEMENT

(1.) The petitioners in both the criminal revisions are A1 and A2 in CC.No.52/1998 and the appellants in CC.Nos.42 and 43/2006. The present criminal revisions are filed against their conviction and sentence for the offences under sections 220, 365, 344 and 451 IPC passed by the lower appellate court.

(2.) The case of the prosecution is that originally A1 and A2, who were then the Sub Inspector of Police and Head Constable of Gingee Police Station, along with A3 to A8 Police personnel attached to different Police Station, were charged for serious offences as if A1 and A2 trespassed into the house of PW1 Chandra and PW2 Balaraman and forcibly took PW2 Balaraman and PW4 Pachayappan. While doing so, A1 took Aruval from the roof of the house and cut the rope of Mangalya Sutra worn by PW1 and took Mangalyasutra and other gold items and both PW1 and PW2 were taken by Car to Gingee Police Station, where they were illegally detained for one week and thereafter to Sathyamangalam Police Station, where they were detained for two weeks. In the course of their illegal detention at Sathyamangalam Police Station, other police personnel have brought food daily by rotation to PW2 and PW4 and again, PW2 and PW4 were taken to various places and at last brought to Banruti Police Station, having A8 Kannaian as Sub Inspector of Police, where the case was registered against them and their signature were obtained and thereafter, they were taken to Sub Jail, Panruti and produced before the concerned Judicial Magistrate Court and then remanded to judicial custody.

(3.) Originally, PW1/wife and PW3/mother approached PW10, Prof.Kalyani at Tindivanam through one Kannan, on 18.2.1994 at about 2.00 pm and PW10 Kalyani obtained statement from PW1/Chandra and PW3/ Thaiyalnayaki/mother, in the presence of PW11/Lousina and obtained their left thump impression and sent the same to the District Collector, Villupuram and the copies were sent to District Superintendent of Police, Villupuram, Deputy Superintendent of Police, Gingee and the Hon'ble Chief Minister of Tamil Nadu for necessary action and the copy of the complaint was also sent to Deputy Superintendent of Police, Tindivanam through PW11 Lousina. As the Deputy Superintendent of Police, Tindivanam was not available, PW11 Lousina handed over the copy of the complaint to PW26 Suyambu, Sub Inspector of Police in the camp office of Deputy Superintendent of Police, Tindivanam and requested him to hand over the same to the Deputy Superintendent of Police, Tindivanam.