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BAIL SLIP The Appellants/Accused Nos.3, 4 and 5 in CRL.A(MD)No.21 of
2013 and the Appellant/Accused No.1 in CRL.A(MD)No.27 of 2013 were directed to be released on bail, as per the orders of this Court dated 23.01.2013 made in MP(MD)No.1 of 2013 in CRL.A(MD).21 of 2013 and the order dated 29.01.2013 made in MP(MD)No.1 of 2013 in CRL.A (MD)No.27 of 2013 respectively.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 26.04.2019 Pronounced on : 30.04.2019 CORAM THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl. A.(MD)Nos.21 and 27 of 2013
1.A.Thiyagarajan
2.B.Thirumurthy @ Moorthy
3.N.Sukumaran .. Appellants/A3 to A5 in Crl.A(MD)No.21 of 2013
4.K.Kandasamy .. Appellant/A1 in Crl.A (MD)No.27 of 2013 Vs.
State rep. by The Inspector of Police, C.B.I. ACB, .. Respondent/complainant in Chennai both appeals Prayer in Crl.A.(MD) No.21 of 2013: This Criminal Appeal is filed under Section 374 of Cr.P.C. against the judgment and conviction passed by the II Additional District Judge for CBI Cases, Madurai in C.C.No.1 of 2009 dated 28.12.2012 convicting the appellants for the offences under Sections 120(B), 468, 420 r/w 511 of I.P.C. sentenced them to undergo three years R.I. and to pay a fine of Rs.3,000/- each in default of payment of fine to undergo two months simple imprisonment.
Prayer in Crl.A.(MD) No.27 of 2013: This Criminal Appeal is filed under Section 374 of Cr.P.C. to call for the records relating to the judgment passed in C.C.No.1 of 2009 dated 28.12.2012 on the file of the II Additional District Court for CBI Cases, Madurai and set aside the same and acquit the appellant/A1 from the charges levelled against him.
For Appellants : Mr.Veera.Kathiravan, senior counsel for M/S.P.N.Pandi Durai for appellants in Crl.A.No.21/2013 Mr.R.Shanmugasundaram, senior counsel for M/S.D.Sasikumar for appellant in Crl.A.No.27/2013 For Respondent : Mr.N.Nagendran, Spl.P.P. for CBI Cases in both appeal Amicus Curiae : Mr.K.K.Ramakrishnan, APP
COMMON J U D G M E N T
Since both the appeals arising out a same judgment in C.C.No.1 of 2009 dated 28.12.2012 on the file of the II Additional District Court for CBI Cases, Madurai, both the appeals heard together and a common judgment is passed.
2.For the sake of convenience, the parties are referred to as per the rank mentioned in the trial Court. The gist of the charges framed against the appellants and A21 and findings/sentence of the trial Court are as noted below:
| Rank of the Accused | A1 | A2 | A3 to A5 |
| Charges | Sections 120(B) r/w 468 r/w 420 r/w 511 of I.P.C. and Section 13(2) read with 13(1) (d) of P.C. Act, 1988. | Sections 120(B) r/w 468 r/w 420 r/w 511 of I.P.C. and Section 13(2) read with 13(1) (d) of P.C. Act, 1988. | Sections 120(B) r/w 468 r/w 420 r/w 511 of I.P.C. and Section 13(2) read with 13(1) (d) of P.C. Act, 1988. |
| Findings | Found guilty under Sections 120B, 468, 420 of I.P.C. and Section 13(2) read with 13(1) (d) of P.C. Act, 1988. | Found Not guilty for all the offences | Found guilty under Sections 120B, 468, 420 read with 511 of I.P.C. |
| Sentence | Sentenced to undergo three years R.I. for each offence and to pay a fine of Rs.1,000/- in each offence in default to undergo two months S.I. each | acquitted | Sentenced to undergo three years R.I. for each offence and to pay a fine of Rs.1,000/- in each offence in default to undergo two months S.I. each |
3. The brief facts, which are leading to this case are as follows:
(i)P.W.1 Periyasamy, S/o.Palaniappa Gounder, P.W.2 Malliga and P.W.35 Periyasamy are the residents of Muthucholipalayam. On 26.09.1999, when they were in their agricultural fields, in Coimbatore - Karur main road, at Muthucholipalayam village near VPG Prasath Nagar in evening at 6.00 p.m., three persons viz., Regupathy, Annadurai and Saravanan residents of Karur, who were travelling in Bajaj M80 motorcycle from East to West towards Coimbatore dashed by an unknown lorry travelling from West to East towards Coimbatore. After the accident, the lorry spread away without stopping in the place of occurrence. All the three persons died on the spot due to the said accident.
(ii)P.W.1 informed the accident to P.W.23, Eswaran, S.I. of Police, who registered the oral complaint of P.W.1 and reduced in writing in F.I.R. in crime No.104 of 1999 for the offence under Section 304(A) of I.P.C., which is marked as Ex.P.93. Thereafter, he went to the scene of occurrence at 07.15 p.m. and conducted a spot inspection and prepared a rough sketch and recorded the statement of P.W.1, who was the eye witness. P.W.1 gave an information as if a lorry bearing Registration No.TN 37 A 3898 has occurred the accident. Thereafter, P.W.23 recorded the statement of all the witnesses in crime No.104 of 1999 therein and the case was handed over to A1, who was the Inspector of Police Station, K.Paramathy Police Station at that time. He sent a letter to the Motor Vehicle Inspector to find place the lorry, which involved in the said accident. On search, it was found the the Registration No.TN 37 A 3898 was not belonging to a lorry and it belongs to a Hero Hondo Splendor, two wheeler. However, they found that the registration No.TN 37 Q 3898 belongs to a lorry.
(iii)Thereafter, A1 Kandasamay, who was the investigating officer conducted further inspection on that case. During his investigation he found that TN 37 Q 3898 did not involved any incident. P.W.2 Malliga and P.W.35 another Periyasamy were also available in the scene of occurrence and P.W.2 noted the registration number in sand and thereafter informed to P.W.1. Till 14.10.1999, the investigating officer did not find out the vehicle. Since A1 was pressurized to complete the investigation, he met A2, who is the Advocate to help him to complete the investigation. Accordingly, the lorry bearing Registration No.TNV 3355 was substituted on 16.10.1999 and P.W.1 was informe
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