K. THILAGAVATHY Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original petition has been filed by the petitioner/wife of the deceased, namely, one Karthikeyan who was murdered on 02.07.2009 allegedly by the accused, namely, Naagu @ Naagendran and the respondents 2 to 12.

(2.) The case has been registered against 13 accused for the offences under Sections 147, 148, 149, 323, 427, 506(ii) and 302 of I.P.C., and after investigation it was committed in S.C.No.152 of 2011 on the file of the Additional District and Sessions Judge, Pudhukottai. Prosecution witnesses listed are shown in the typed set. During the pendency of the trial, first accused Mr.Naagu @ Naagendran died.

(3.) Suman is the eyewitness to the murder and he was examined as P.W.1. Before he could give evidence, the accused, namely, A-3 Panneer, A-4 Moorthy and A-8 Murugesan @ Murugan barged into Suman's house in Kandharvakottai and forcibly abducted Suman in a Tavare car and they forcibly obtained Suman's signatures in blank papers at knife point and also threatened with dare consequences stating that he must turn hostile. Left with no other option, P.W.1 Suman turned hostile on 004.2014, while giving evidence. Moreover, his signature alone was marked as Ex.P.1. P.W.2 Saravanan and P.W.3 Venkatesan also turned hostile witnesses due to the threat of the accused. Therefore, the petitioner/wife of the deceased preferred a complaint before the Deputy Superintendent of Police, Pudhukottai, about the kidnapping of P.W.1 Suman and a case was registered in Crime No.127 of 2014 against the said persons for the offences under Section 363 and 506(ii) I.P.C. Moreover, the aforesaid Suman submitted a petition before the learned Additional District and Sessions Judge, Pudhukottai, narrating his kidnapping and other events and requested the Court to scrap his evidence recorded on 004.2014, when he turned hostile and requested to re-examine him in chief.