The prosecution failed to establish the identity and involvement of the appellants in the crime beyond a reasonable doubt due to inconsistencies in witness testimony and procedural flaws.

JUDGMENT :

N. SESHASAYEE, J.

This Criminal Appeal is preferred by A1 to A3 in S.C.No.25 of 2005 on the file of the Court of II Additional District Judge (PCR), Tirunelveli, challenging the conviction as well as the sentence imposed on them. The details are as below:

2.1 The case of the prosecution will be narrated in two parts :

a) that relates to the occurrence of a crime and the motive for it; and

b) that which relates to investigation.

A. Occurrence & the Motive for the Occurrence:

3.1 The motive for the crime in which life of P.W.20 was targeted for the attack, is that P.W.20 and his associates (who were examined as witnesses) were dalits, and that the accused persons were caste-Hindus, and according to the prosecution, accused persons nurtured ill will against P.W.20, and shared a common objective to eliminate P.W.20, because he belongs to the Scheduled Caste community. The crime now unfolds as below:

● It was 26.07.2004. The time was around 2.30 p.m. in the afternoon. Thiru.Krishnasamy (P.W.20), the founder of a certain political party floated by him for the upliftment of the dalits came out of the District Court premises, Tirunelveli, after appearing in a sessions case where he was arraigned as one of the accused. P.W.20 was accompanied by few of his cadre, who, according to the prosecution were there to give protection to their leader. They are P.W.1 to P.W.4, P.W.7, P.W.10 to P.W12, P.W35 and a certain Prof. Veluchamy.

● All these men, chose to travel in two separate cars. In the first car was seated P.W.20 Krishnasamy in the front seat on the left, with P.W.35 on the wheels. Seated on the rear seat of this car were P.W.1 and Prof. Veluchamy. The first car was followed by the second car, of which P.W.2, P.W.3, P.W.4, P.W.7, P.W.10, P.W.11 and P.W.12 were the occupants. The second car was driven by one Chellathurai.

● Both the first car followed by the second car began to travel eastward in the Tirunelveli-Tiruchendur highway, and when they weree crossing Government Law College (which according to Google is to the north of the road) and Thuthiyankottai Church (which is to the left of the road), a group of men with billhooks and country bombs blocked the first car in which P.W.20 was travelling. Three country bombs were thrown on the first car, one each by A1, A2 and A3. The first car took the optimum heat of the explosion, but its driver, P.W.35, negotiated those nerve-chilling moments with tremendous balance of mind and courage, as he chose not to stop the car but outmanoeuvred the attempts of the assailants, and continued to proceed eastwards.

● One of the assailants, whom, the prosecution later identified as A6 threw a two wheeler on the way of the second vehicle which, to repeat, was coming behind the first car, but the driver of the second vehicle too acted smartly, negotiated it, and continue to follow the first car.

● Both the cars were safely driven to the Church street at Arokianathapuram. (According to Google, Arockianathapuram is about 4 kms. from the scene of occurrence (SOC).

● In the occurrence, both P.W.35, the driver of the first car, P.W.20 Krishnasamy, and Professor Veluchamy (who as stated earlier was seated in the rear seat of the first car) suffered injuries, which fortunately were minor injuries. They were later shifted to the Government Medical College Hospital for treatment.

Here concludes the first part.

B. Investigation

3.2 The investigation part of the crime unfolds as below:

● After both the c