SAHADEVAN ALIAS SAGADEVAN Vs. STATE REP
LAWS(SC)-2002-11-2
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on November 01,2002

SAHADEVAN SAGADEVAN Appellant
VERSUS
STATE REPRESENTATIVE BY INSPECTOR OF POLICE,CHENNAI Respondents





Cited Judgements :-

YOGESH KARKI VS. STATE OF SIKKIM [LAWS(SIK)-2005-9-2] [REFERRED TO]
BIJENDRA NONIA VS. STATE OF BIHAR [LAWS(PAT)-2013-5-31] [REFERRED TO]
NAWAB VS. STATE [LAWS(UTN)-2007-11-7] [REFERRED TO]
NARENDER @ NANDA VS. STATE [LAWS(DLH)-2011-11-507] [REFERRED]
HASMUDDIN VS. STATE OF DELHI [LAWS(DLH)-2008-2-421] [REFERRED TO]
STATE OF MAHARASHTRA VS. SHIVAJI alias DADYA SHANKAR ALHAT [LAWS(BOM)-2004-7-26] [REFERRED TO]
PRAKASH PARAB VS. STATE [LAWS(BOM)-2004-8-219] [REFERRED TO]
VINOD VS. STATE OF CHHATTISGARH [LAWS(CHH)-2010-3-25] [REFERRED TO]
INDEL VS. STATE [LAWS(CHH)-2010-4-8] [REFERRED TO]
JITENDRA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-2-234] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. MOHIT AND OTHERS [LAWS(HPH)-2017-9-46] [REFERRED TO]
RAJA RAM VS. STATE [LAWS(DLH)-2015-5-437] [REFERRED TO]
DHIRENDRA KUMAR ALIAS DHIROO VS. STATE [LAWS(ALL)-2007-11-50] [REFERRED TO]
R S DAHIYA; SHER SINGH; ANIL KUMAR VS. STATE (THROUGH NCT OF DELHI); GOVT OF NCT OF DELHI; STATE [LAWS(DLH)-2018-1-100] [REFERRED TO]
STATE OF U P VS. HARI PRASAD [LAWS(ALL)-2015-4-167] [REFERRED TO]
SPECIAL JUDGE (POCSO), NORTH TRIPURA, DHARMANAGAR VS. STATE OF TRIPURA [LAWS(TRIP)-2020-2-66] [REFERRED TO]
SANJAY ASHOK POWAR VS. STATE OF MAHARASHTRA [LAWS(SC)-2013-5-110] [REFERRED TO]
NEEL KUMAR ALIAS ANIL KUMAR VS. STATE OF HARYANA [LAWS(SC)-2012-5-16] [REFERRED TO]
PRITHIPAL SINGH VS. STATE OF PUNJAB [LAWS(SC)-2011-11-11] [REFERRED TO]
PHOOLWATI VS. STATE [LAWS(P&H)-2007-10-20] [REFERRED TO]
R. SREENIVASA VS. STATE OF KARNATAKA [LAWS(SC)-2023-9-24] [REFERRED TO]
ANEESHKUMAR VS. STATE OF KERALA [LAWS(KER)-2020-1-202] [REFERRED TO]
KUMAR ALIAS KUMARASAMY VS. STATE [LAWS(MAD)-2004-6-69] [REFERRED TO]
SHENUKUMAR VS. STATE OF KERALA [LAWS(KER)-2015-9-156] [REFERRED TO]
JARNAIL SINGH AND ORS. VS. STATE OF PUNJAB [LAWS(P&H)-2015-4-30] [REFERRED TO]
RAKESH KUMAR VS. STATE [LAWS(DLH)-2009-8-253] [REFERRED TO]
CHIEF SECRETARY VS. NAOREM ONGBI RASHMANI DEVI [LAWS(GAU)-2012-6-64] [REFERRED TO]
RUMAN BARUAH VS. STATE OF ASSAM [LAWS(GAU)-2012-12-12] [REFERRED TO]
KRISHNA KANTA ROY VS. STATE OF TRIPURA [LAWS(GAU)-2010-7-14] [REFERRED TO]
ABDUL HYE ALIAS KALITA VS. STATE OF ASSAM [LAWS(GAU)-2004-11-30] [REFERRED TO]
STATE OF MAHARASHTRA VS. ROHAN PUSHPRAJ FANASGAONKAR [LAWS(BOM)-2010-5-18] [REFERRED TO]
STATE OF MAHARASHTRA VS. BABU ALIAS RAVINDRA SURESH KAMBLE [LAWS(BOM)-2010-12-48] [REFERRED TO]
AMAL ARI VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-5-84] [REFERRED TO]
SHABBIR HASAN (JAIL APPEAL) VS. STATE OF U P [LAWS(ALL)-2016-5-338] [REFERRED]
JALIL ALI MOLLAH VS. STATE OF WEST BENGAL [LAWS(CAL)-2006-8-54] [REFERRED TO]
SUDHIR VS. STATE [LAWS(DLH)-2013-3-299] [REFERRED TO]
VIRENDER VS. STATE [LAWS(DLH)-2015-4-132] [REFERRED TO]
MANUJA BIBI VS. CENTRAL BUREAU OF INVESTIGATION, SC-II, NEW DELHI [LAWS(CAL)-2022-9-29] [REFERRED TO]
EKNATH VITTHAL WAKLE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-9-1] [REFERRED TO]
STATE OF MAHARASHTRA VS. RAJENDRA PRALHADRAO WASNIK [LAWS(BOM)-2009-3-11] [REFERRED TO]
GOVIND LAL VS. STATE OF C G [LAWS(CHH)-2010-1-42] [REFERRED TO]
BAHADURSINH @ DARBAR BHIKHUBHAI MAHIDA VS. STATE OF GUJARAT [LAWS(GJH)-2014-8-255] [REFERRED TO]
MAYUR MULJI PARMAR AND ORS. VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2016-5-29] [REFERRED TO]
MANJU KUMAR VS. STATE N.C.T. OF DELHI [LAWS(DLH)-2011-10-151] [REFERRED TO]
STATE OF MAHARASHTRA VS. CHANDRASHEKHAR SHRIRAM ATRAM [LAWS(BOM)-2013-2-88] [REFERRED TO]
SATE OF MAHARASHTRA VS. RAJESH ALIAS AKASHSINGH [LAWS(BOM)-2010-10-58] [REFERRED TO]
RAJ KUMAR DEY VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-4-12] [REFERRED TO]
MUNSHILAL VS. STATE OF M P [LAWS(MPH)-2018-5-104] [REFERRED TO]
STATE OF KARNATAKA VS. PUTTA SWAMY [LAWS(KAR)-2020-12-173] [REFERRED TO]
MAINA VS. STATE [LAWS(ALL)-2017-11-375] [REFERRED TO]
PREM NARAIN VS. STATE OF U.P [LAWS(ALL)-2016-10-155] [REFERRED TO]
SEETA RAM VS. STATE OF U P [LAWS(ALL)-2016-5-553] [REFERRED]
SARVANAND ALIAS SOIRU GAONKAR PURSO GAONMKAR VS. STATE OF GOA [LAWS(BOM)-2006-11-39] [REFERRED TO]
NAN ALIAS RAM PRASAD VS. STATE OF C G [LAWS(CHH)-2014-4-28] [REFERRED TO]
ANANDRAM AND ORS. VS. STATE OF M.P. [LAWS(CHH)-2015-4-12] [REFERRED TO]
MD. SAHJAMAL ALIAS SAHJAHAN AND OTHERS VS. STATE OF ASSAM [LAWS(GAU)-2010-6-63] [REFERRED TO]
TRIDIBSARMA VS. STATE OF ASSAM [LAWS(GAU)-2004-4-34] [REFERRED TO]
SAFEDALI VS. STATE OF ASSAM [LAWS(GAU)-2004-6-23] [REFERRED TO]
HARICHARAN VS. STATE OF MADHYA PRADESH [LAWS(SC)-2011-3-94] [REFERRED TO]
GORAKH SAHNI VS. STATE OF BIHAR [LAWS(PAT)-2009-11-135] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. RAJESH KUMAR SON OF AMAR SINGH [LAWS(HPH)-2012-12-132] [REFERRED]
SALIM HUSSAIN VS. STATE [LAWS(DLH)-2015-4-131] [REFERRED TO]
SHIVANGI GANGWAR VS. STATE & OTHERS [LAWS(UTN)-2018-5-94] [REFERRED TO]
GIAN CHAND VS. STATE OF HARYANA [LAWS(SC)-2013-7-123] [REFERRED TO]
SADASHIO MUNDAJI BHALERAO VS. STATE OF MAHARASHTRA [LAWS(SC)-2006-11-152] [REFERRED TO]
OM PRAKASH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-3-37] [REFERRED TO]
LAGHU MAJHI ALIAS BHARAT VS. STATE OF ASSAM [LAWS(GAU)-2004-6-22] [REFERRED TO]
MANI VS. STATE REP [LAWS(MAD)-2003-4-42] [REFERRED TO]
JEET SINGH JOGINDER SINGH VS. STATE GOVT OF NCT OF DELHI [LAWS(DLH)-2006-12-46] [REFERRED TO]
DEEPAK DEV NATH VS. STATE [LAWS(DLH)-2015-5-386] [REFERRED TO]
SANDEEP VS. STATE (NCT OF DELHI) [LAWS(DLH)-2015-2-15] [REFERRED TO]
STATE OF MAHARASHTRA VS. LAHU ALIAS LAHUKUMAR RAMCHANDRA DHEKANE [LAWS(BOM)-2004-8-96] [REFERRED TO]
RANJYOTSINGH GURUDAYALSINGH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-10-42] [REFERRED TO]
LAHU ALIAS LAHUKUMAR RAMCHANDRA DHEKANE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2004-8-128] [REFERRED TO]
NANKA ALIAS BHAGWANDAS VS. STATE OF C G [LAWS(CHH)-2010-1-47] [REFERRED TO]
PRITHWISH CHOWDHURY VS. STATE OF WEST BENGAL [LAWS(CAL)-2006-9-47] [REFERRED TO]
GANESH BACHHU VALVI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-12-269] [REFERRED TO]
RAJ KUMAR VS. STATE NCT OF DELHI [LAWS(DLH)-2016-5-301] [REFERRED TO]
PRADEEP KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2013-10-54] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. MANOHAR LAL SON OF LATE SHRI BAKSHI RAM, R/O VILLAGE DHATOLI, POLICE STATION AND TEHSIL SARKAGHAT, DISTT. MANDI, H.P. [LAWS(HPH)-2012-7-341] [REFERRED TO]
DHIRENDRA KUMAR @ DHIROO VS. STATE [LAWS(UTN)-2007-11-37] [REFERRED TO]
BUDDHA TAMANG AND FOUR VS. STATE OF SIKKIM [LAWS(SIK)-2008-7-1] [REFERRED]
PANKAJ KUMAR SHARMA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-5-218] [REFERRED TO]
KAILASH KOIRY @ KAILASH SINGH VS. STATE OF BIHAR [LAWS(PAT)-2015-2-65] [REFERRED TO]
NEHRU SINGH VS. STATE OF M P [LAWS(MPH)-2009-7-90] [REFERRED TO]
SANDEEP KUMAR SHARMA VS. STATE OF UTTARAKNAND [LAWS(ALL)-2008-4-12] [REFERRED TO]
CHIEF OF ARMY STAFF VS. DAYA SHANKER TIWARI [LAWS(ALL)-2003-7-239] [REFERRED TO]
KAMLESH RAI VS. PRESIDING OFFICER LABOUR COURT [LAWS(ALL)-2003-4-233] [REFERRED TO]
STATE OF MAHARASHTRA VS. RAJENDRA PRAHLADRAO WASNIK [LAWS(BOM)-2009-3-192] [REFERRED TO]
HIRA ROUTH VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-3-104] [REFERRED TO]
SITARAM LAXMAN DHOOM VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-12-202] [REFERRED TO]
RAM DEV VS. STATE OF U.P. [LAWS(ALL)-2020-4-14] [REFERRED TO]
MAHMOOD AND ANOTHER VS. STATE OF U.P. [LAWS(ALL)-2017-1-347] [REFERRED TO]
MOHD. FAZAL VS. STATE [LAWS(DLH)-2014-5-413] [REFERRED TO]
STATE OF BIHAR VS. NAND KISHORE YADAV [LAWS(PAT)-2008-12-172] [REFERRED TO]
STATE OF SIKKIM VS. MILAN KUMAR DIYALI [LAWS(SIK)-2005-8-1] [REFERRED TO]
DHARAM DEO YADAV VS. STATE OF U.P. [LAWS(SC)-2014-4-28] [REFERRED TO]
RAMESH KUMAR VS. STATE OF UTTARANCHAL [LAWS(UTN)-2004-12-67] [REFERRED TO]
SAMIR SARKAR AND ORS. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-2-59] [REFERRED TO]
PRATAP CHANDRA NATH @ PRATAP RANJAN NATH VS. STATE OF ASSAM [LAWS(GAU)-2012-4-16] [REFERRED TO]
NAGARAJ VS. STATE [LAWS(MAD)-2005-10-26] [REFERRED TO]
State VS. Liyakat [LAWS(UTN)-2004-6-5] [REFERRED TO]
MUNSHI SINGH GAUTAM VS. STATE OF M P [LAWS(SC)-2004-11-49] [REFERRED TO]
BISWAJIT BHOWMICK VS. STATE OF ASSAM [LAWS(GAU)-2012-12-6] [REFERRED TO]
SHIVAYAY APAYYA MARIHAL VS. STATE OF GOA [LAWS(BOM)-2008-4-168] [REFERRED TO]
RAJU YADAV @ DURGACHARAN VS. STATE OF C.G. [LAWS(CHH)-2010-10-60] [REFERRED TO]
MD SHAKEEL VS. THE STATE NCT OF DELHI [LAWS(DLH)-2016-1-369] [REFERRED TO]
SUDHIR VS. STATE [LAWS(DLH)-2013-3-206] [REFERRED TO]
GAJENDRA SINGH VS. STATE [LAWS(ALL)-2018-1-4] [REFERRED TO]
STATE OF KERALA VS. RAJAN ALIAS NASAM [LAWS(KER)-2003-7-60] [REFERRED TO : (2003) 1 SCC 534 : AIR 2003 SC 215 : 2002 AIR SCW 4661 12]
RAJU @ MUKHLAL @ BELDAR PASWAN VS. STATE OF BIHAR [LAWS(PAT)-2015-7-182] [REFERRED]
STATE OF CHHATTISGARH VS. DIGAMBER VAISHNAV [LAWS(CHH)-2015-4-31] [REFERRED]
VARGAS JOSEANTONIO MAURICIO VS. D. R.I. [LAWS(DLH)-2014-8-241] [REFERRED TO]
ANEES VS. STATE [LAWS(DLH)-2014-5-356] [REFERRED TO]
SHAHID AND ORS. VS. STATE NCT OF DELHI AND ORS. [LAWS(DLH)-2015-12-226] [REFERRED TO]
RAJJAB ALI AND ORS. VS. ADDITIONAL COMMISSIONER FAIZABAD AND ORS. [LAWS(ALL)-2016-4-202] [REFERRED TO]
MD. RASHID VS. STATE [LAWS(DLH)-2017-5-342] [REFERRED TO]
SIDDIQUE SK VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-9-47] [REFERRED TO]
JAGAT BORO VS. STATE OF ASSAM [LAWS(GAU)-2013-7-38] [REFERRED TO]
ISLAM UDDIN BARBHUIYA VS. STATE OF ASSAM [LAWS(GAU)-2004-2-78] [REFERRED TO]
UMESH KARMAKAR VS. STATE OF ASSAM [LAWS(GAU)-2004-11-11] [REFERRED TO]
RAKESH KUMAR AND OTHERS VS. STATE OF HARYANA [LAWS(P&H)-2019-3-122] [REFERRED TO]
DILLI RAM BASSNET VS. STATE OF SIKKIM [LAWS(SIK)-2010-6-1] [REFERRED TO]
PRITAM SAO SON OF KRISHNA SAO VS. STATE OF BIHAR [LAWS(PAT)-2018-2-96] [REFERRED TO]
STATE OF RAJASTHAN VS. KASHI RAM [LAWS(SC)-2006-11-24] [REFERRED TO]


JUDGEMENT

Santosh Hegde, J. - (1.)The High Court of Judicature at Madras, by its judgment dated 11th June, 2001 dismissed the Criminal Appeal No. 467 of 1992 filed by the two appellants who have filed the above criminal appeals before us, whereby the High Court confirmed the judgment of the Sessions Judge, Chengalpattu made in S. C. No. 17 of 1992, convicting and sentencing the appellants herein for various offences charged against them.
(2.)The two appellants before us and three others were charged for various offences under Sections 330, 348 and 302 read with Sections 34 and 201, I. P. C. for having committed the murder of one Vadivelu on 5-3-1985. The learned Sessions Judge while acquitting three of the accused, convicted the appellants to undergo rigorous imprisonment for a period of five years for an offence punishable under Section 330, I. P. C. He also convicted these appellants to undergo rigorous imprisonment for three years under Section 348, I. P. C. and to undergo 7 years imprisonment for an offence punishable under Section 201, I. P. C. and further convicted these appellants to undergo imprisonment for life for an offence punishable under Section 302 read with Section 34, I. P. C. and directed the sentences to be undergone concurrently.
(3.)The brief facts necessary for the disposal of these appeals are as follows : A Crime No. 37/1985 was registered in the Wallajahbad Police Station in regard to the murder of a lady and her son in which case the deceased Vadivelu in these appeals and husband of the deceased lady, Ekambaram (PW-8) and one Loganathan were the suspects and the police were on the look out to arrest these three persons. According to the prosecution case, PW-3 and PW-4 who were the Constables of the Wallajahbad Police Station along with another Constable by name Ponnuswamy were entrusted with the responsibility of locating and producing the deceased Vadivelu for the purpose of investigation in the said case. The prosecution alleges that after considerable effort they with the help of Sivaprakasam who was the brother-in-law of the deceased apprehended the said Vadivelu at Chennai and brought him to the Police Station at Wallajahbad on 5-3-1985 and produced him before the A-2 who was in-charge of the police station at Wallajahbad. The said A-2 is an appellant before us. It is the case of the prosecution that A-1 who is another appellant before us, was also a Sub-Inspector of Police in the said police station, and was present in the said station at that time. It is also the case of the prosecution that PW-8 Ekambaram who was another suspect in the double murder case, referred to hereinabove, was already arrested by the said police and was in the lock up of the said station, though his arrest was not officially recorded. The prosecution case further is that during Vadivelus custody in the Wallajahbad Police Station, A-1 and A-2 assaulted the deceased by using a Ruler which was noticed by PW-8. The prosecution then also states that Sivaprakasam who had accompanied Vadivelu with PWs 3 and 4 when he was brought from Chennai also noticed the beating of Vadivelu. The prosecution then states that this Sivaprakasam narrated the incident to PW-1 the wife of Vadivelu, as also to his brother PW-6. According to the evidence of PWs 3, 4 and 8, A-1 and A-2 thereafter took the deceased in a jeep and was produced before PW-25 who was investigating the double murder case, who in his evidence before the Court stated that after questioning the said deceased he asked A-1 and A-2 to release the deceased. The prosecution further states on 5-3-1985 that A-1 and A-2 went in a police jeep to the residence of PW-1 at about 5 p.m. and asked her to hand over certain account books maintained by Vadivelu. This was done in the presence of PW-5. It is also stated that PW-5, while coming out that evening with the police towards the jeep, saw his father sitting in the jeep, who was then driven away in the jeep by accused A-1 and A-2. The further case of the prosecution is that in the early morning at about 2 a.m. on 6-3-1985 A-1 again went to the residence of PW-1 and asked for a photograph of Vadivelu. During that visit, it is stated that A-1 told PW-1 that her husband has escaped from there, when he was permitted to sleep in the Verandah of the police station. This visit of the accused was also noticed by PW-14 who is a retired School Master and the landlord of PW-1 as also PW-1s son PW-5. It is the case of the prosecution thereafter, that since Vadivelu did not come back to the house and when Sivaprakasam went to the police station and enquired about the whereabouts of Vadivelu, he was told that he had escaped from custody. A doubt arose in the mind of said Sivaprakasam as to the safety of Vadivelu and, hence, he discussed the matter with his brother PW-6 and also PW-1, and suspected that it is possible that Vadivelu must have been done away with by the concerned police. Therefore, after deliberation, they filed a writ of habeas corpus before the High Court in Chennai, wherein the High Court called upon the respondent-police which included the appellants herein to file their return. It is the case of the prosecution that in the return filed by the respondents in the said habeas corpus writ petition they took the stand that Vadivelu had escaped from the police custody and was absconding. Since after repeated opportunity the deceased was not traced by the police in spite of the directions issued to them by the Court, the High Court by its order dated 7-12-1988 directed the Director General of Police, Madras to issue instructions to concerned C.B.C.I.D. to register a case on the missing of Vadivelu from 5-3-1985. The said order also noticed that admittedly the said Vadivelu was taken into custody by the police and, therefore, the above direction was given to the Director General of Police. It is consequent to this direction issued by the High Court, that PW-26 registered a crime No. 6/89 and initiated the investigation into the missing case of Vadivelu and PW-30 thereafter registered a case under Section 302, I. P. C. after seeking permission from the superior officer, and filed a charge-sheet against the above said accused persons on 22-11-1991.


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