The Aryavarth Express
Agency (New Delhi): The Supreme Court recently acquitted two accused, Manikandan and Sivasankar, who had been convicted by the Trial Court and High Court for the murder of Balamurugan under Section 302, read with Section 34 of the Indian Penal Code (IPC). The prosecution alleged that on October 4, 2007, the deceased had gone to the house of accused no. 1 to inquire about undelivered idlis and was subsequently assaulted by both accused with a billhook, leading to his death.
The defense counsel argued that the incident occurred earlier than the time mentioned in the FIR and that the prosecution had relied on closely related and tutored witnesses while excluding independent eyewitnesses. They contended that the case fell under Exception 4 of Section 300 IPC, amounting to culpable homicide not amounting to murder under Part 1 of Section 304 IPC.
The Supreme Court, upon examining the evidence, found that the prosecution witnesses PW-1 to PW-5, who were closely related to the deceased, had been called to the police station a day before their evidence was recorded and were “taught” by the police how to depose. The Court termed this as a blatant act of witness tutoring and a gross misuse of power by the police machinery, creating serious doubts about the genuineness of the prosecution case.
The Court also noted that independent eyewitnesses, though available, were not examined by the prosecution, and adverse inference must be drawn against the prosecution. Considering that the appellants had already undergone incarceration for more than 10 years before being enlarged on bail, the Supreme Court allowed the appeals, set aside the impugned judgments, and acquitted the appellants.
The Court directed the Director General of Police of Tamil Nadu to conduct an inquiry into the conduct of the police officials involved in tutoring the witnesses and to take appropriate action against the erring officials in accordance with the law. The Supreme Court’s judgment highlights the importance of fair trial and the need to prevent police interference in the judicial process to ensure justice is served.
