{"id":12992,"date":"2002-09-16T00:00:00","date_gmt":"2002-09-15T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/nagarajan-vs-state-through-on-16-september-2002"},"modified":"2014-03-05T13:18:03","modified_gmt":"2014-03-05T07:48:03","slug":"nagarajan-vs-state-through-on-16-september-2002","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/nagarajan-vs-state-through-on-16-september-2002","title":{"rendered":"Nagarajan vs State Through on 16 September, 2002"},"content":{"rendered":"<div class=\"docsource_main\">Madras High Court<\/div>\n<div class=\"doc_title\">Nagarajan vs State Through on 16 September, 2002<\/div>\n<pre>       \n\n  \n\n  \n\n \n \n IN THE HIGH COURT OF JUDICATURE AT MADRAS\n\nDATED: 16\/09\/2002\n\nCORAM\n\nTHE HONOURABLE MR.JUSTICE P.SHANMUGAM\nAND\nTHE HONOURABLE MR.JUSTICE M.CHOCKALINGAM\n\nCRIMINAL APPEAL NO.131 of 1995\n\n1. Nagarajan\n2. Mohan                                        .. Appellants\n\n-Vs-\n\nState through,\nInspector of Police,\nRajapalayam North Police Station.               .. Respondent\n\n        This Criminal Appeal is preferred under  S.374  of  Code  of  Criminal\nProcedure  against the conviction and sentence passed on the appellants by the\nSessions Judge, Kamarajar District at Srivilliputhur dated 12.1.1995  made  in\nS.C.No.37 of 1994.\n\nFor Appellants :  Mr.Mohideen Basha\n\nFor Respondent :  Mr.V.M.R.Ravindran,\n                Additional Public Prosecutor\n:JUDGMENT\n<\/pre>\n<p>M.CHOCKALINGAM, J.\n<\/p>\n<p>        The  appellants  have  assailed the judgment of the Court of Sessions,<br \/>\nKamarajar District at Srivilliputhur, wherein they  were  found  guilty  under<br \/>\nS.302 read with S.34 of I.P.C.  and awarded life imprisonment.\n<\/p>\n<p>        2.   Both  the  appellants\/accused stood charged under S.302 read with<br \/>\nS.34 of I.P.C.  alleging that on 4.5.1992 at about 11.00 P.M.    in  front  of<br \/>\nKamarajar  Nagar Girls High School, due to prior enmity on money transactions,<br \/>\nboth the appellants  stabbed  the  deceased  Periasamy  indiscriminately,  and<br \/>\nconsequently, the said Periasamy died instantaneously.\n<\/p>\n<p>        3.   The  facts  which  led to the said case, can briefly be stated as<br \/>\nfollows:\n<\/p>\n<p>        P.W.1 Mariammal was a resident of Duraisamiapuram, Rajapalayam.    The<br \/>\ndeceased Periasamy @ Ayyarettu, the son of P.W.1 was residing with her and was<br \/>\nselling Kanja.    The  deceased  owed  the  first  accused Rs.200 \/-, which he<br \/>\nborrowed earlier i.e.  one day prior to the occurrence.  At about  9.30  P.M.,<br \/>\nthe deceased was selling ganja before Meenakshi Theatre.  P.W.6 Sonaimuthu was<br \/>\nalso standing  nearby.    At that time A-1 who came there made an admission of<br \/>\nthe said sum and put his hand into the pocket of the  deceased.    Looking  at<br \/>\nthis,  P.W.6 intervened and enquired about the same, and the deceased admitted<br \/>\nthat he owed Rs.2 00\/- to the first accused.  P.W.1 advised him  to  make  the<br \/>\npayment earlier.    A-1  informed the deceased that he should make the payment<br \/>\nwithin a week, and otherwise, he has to face dire consequences.  On  the  date<br \/>\nof occurrence  viz.   4.5.1992 at about 8.30 P.M., P.W.1 and the deceased were<br \/>\nin the house.  One Periasamy  and  Ayyar  called  the  deceased  to  come  for<br \/>\nhunting.   Accordingly the deceased took his dog, a bag and a rope and started<br \/>\nwith them.  P.W.3 Ramar, P.W.4 Paulraj, P.W.5 Kamaraj, Dharman,  Azhagirisamy,<br \/>\nPeriasamy and  Velusamy  all  accompanied  them.    When all of them went near<br \/>\nMeenakshi Theatre, both the accused intercepted  the  deceased  and  took  him<br \/>\nassailed.   The  deceased requested the above witnesses, who accompanied them,<br \/>\nto proceed further stating that he would join them  later.    At  about  11.30<br \/>\nP.M.,  P.W.8  Vanamurthy  found  both  the  accused  with  their  shirts  with<br \/>\nbloodstain in a School near Rajapalayam Bus Stand.  Both the accused  came  to<br \/>\nthe tea  shop of P.W.9 Chandran.  At or about that time, when P.W.9 and P.W.10<br \/>\nGopal were present, both the accused washed  their  hands  in  the  water  tub<br \/>\nplaced in front of the shop.  All the witnesses returned from hunting at about<br \/>\n4.00 A.M.   on  5.5.1992.   At about 6.00 A.M., as usual P.W.1 woke up, opened<br \/>\nthe doors and went outside.  She found her dog being tied and the bag and rope<br \/>\nwhich were taken by  the  deceased  were  lying  outside.    Her  younger  son<br \/>\nVellaiyyan  came there and informed her that her elder son Ayyarettu was found<br \/>\nmurdered near Girls High School.  P.W.1 rushed to the  site  of  incident  and<br \/>\nfound the dead body of her son, the deceased.\n<\/p>\n<p>        4.   On  coming  to  know  about  the incident, P.W.11 Lingam, Village<br \/>\nAdministrative Officer accompanied  by  his  menial,  went  to  the  place  of<br \/>\noccurrence.   On  5.5.1992  at  about  7.00 A.M., P.W.1 lodged Ex.P1 complaint<br \/>\nbefore P.W.13 Deivasigamani, Sub Inspector of Police.    On  the  strength  of<br \/>\nEx.P1  complaint,  P.W.13  registered  a  case  in Cr.No.253\/92 under S.302 of<br \/>\nI.P.C.  He despatched Ex.P12 express First Information Report to the concerned<br \/>\ncourt.  On receipt of the copy of the F.I.R., P.W.14 Amalanathan, Inspector of<br \/>\nPolice, attached to Rajapalayam Rural Police Station, proceeded to the site of<br \/>\nincident at about 8.00 A.M., inspected the  place  at  about  8.30  A.M.,  and<br \/>\nprepared Ex.P4  observation  mahazar  and  Ex.P13  rough sketch.  He conducted<br \/>\ninquest in the presence of the witnesses between 8.30 A.M.    and  11.00  A.M.<br \/>\nand prepared  Ex.P14  inquest  report.  The Investigation Officer recorded the<br \/>\nstatement of witnesses.  The dead body of Periasamy  was  sent  to  Government<br \/>\nHospital  along with Ex.P2 requisition for autopsy through a constable by name<br \/>\nPandiaraj P.C.  1301.  The Investigation Officer recovered M.O.2  bloodstained<br \/>\nearth,  M.O.3  sample  earth,  M.O.4  ganja  packet, M.O.8 bloodstained cement<br \/>\nplaster, M.O.9 cement plaster without bloodstain  and  M.O.10  footwear  under<br \/>\nEx.P5 mahazar.\n<\/p>\n<p>        5.   P.W.2 Dr.Paramasivam got Ex.P2 requisition from the Investigation<br \/>\nOfficer, commenced and conducted the autopsy on the dead body of Periasamy and<br \/>\nfound the following external injuries and the corresponding internal injuries.\n<\/p>\n<p>1.   A  stab  injury  on  the  right  side  middle  of  neck  lateral  to  the<br \/>\nSternomastoid  muscle,  5 cms x 4 cm x upto the deep fascia, the skin over the<br \/>\ninjury is missing edges irregular.\n<\/p>\n<p>2.  A stab injury on the centre of front of neck flux below the  mandible  and<br \/>\nmediale  to the Sternomastoid muscle 6 cm x 3 cm x upto the vessels and nerves<br \/>\nwith clear cut edges.\n<\/p>\n<p>3.  A stab injury just below the injury No.2 \u2013 4 cm x 3 cm  x  upto  the  deep<br \/>\nfascia and muscles.\n<\/p>\n<p>4.   A stab injury on the front of neck just above the Suprasternal notch 6 cm<br \/>\nx 4 cm x blood vessels and muscles with clear cut edges.\n<\/p>\n<p>5.  An incised wound on the left side of middle of  neck  extending  from  the<br \/>\ncentre  of  the  neck  to  the  Sternomastoid  muscles 10 cm x 6 cm x upto the<br \/>\nmuscles and thyroid cartilage.  Blood vessels nerves, deep fascia and  muscles<br \/>\nwere out  edges  are  clean and invented viz.  blood vessels, external jugular<br \/>\nvein, external carotid arteries.\n<\/p>\n<p>6.  An incised wound on the left side middle of face extending from the  infra<br \/>\norbital  region  to 5 cm medial to the ear lope 6 cm x 2 cm x upto Superficial<br \/>\nfascia.\n<\/p>\n<p>7.  An incised wound on the left lower part of face extending  to  the  medial<br \/>\nside  and front of upper part neck 12 cm x 6 cm x upto the mandible with clear<br \/>\ncut edges.\n<\/p>\n<p>8.  A stab injury on the left side root of neck 3 cm x 2 cm x deep fascia  and<br \/>\nmuscles with clear cut edges.\n<\/p>\n<p>9.   A  stab  injury  on  the lower half of front of chest just 4 cm above the<br \/>\nxipisternum N.C.  the muscles inside and the sternum is present 3 cm x 2 cm  x<br \/>\nSternum and heart wound circular.\n<\/p>\n<p>10.  A  multiple  stab injury on the left Dorsum of n.c.  corresponding to the<br \/>\nthird and free finger 3 cm x 2 cm x upto the tendons and muscles.\n<\/p>\n<p>11.  A lacerated injury on the left lateral aspect of upper 1\/3 of thigh 6  cm<br \/>\nx 3 cm x deep fascia.\n<\/p>\n<p>12.   A  stab injury on the left upper 1\/3 of lateral side of thigh just 4 cms<br \/>\nabove the injury No.7 &#8211; 2 cm x 2 cm x deep fascia with cut edges.<br \/>\nOn opening of thorax, preserved blood clot underneath sternum.    Fracture  of<br \/>\nSternum present.\n<\/p>\n<p>Heart:   A  punctured  wound  in the right article 3 cm x 2 cm upto the muscle<br \/>\nN.C.  and heart chambers empty.  This is corresponding to injury No.9  of  the<br \/>\nexternal injuries.\n<\/p>\n<p>P.W.2  Doctor  has issued Ex.P3 Postmortem Certificate and has opined that the<br \/>\ndeceased would appear to have died of injury to vital organ namely heart,  and<br \/>\nhaemorrhage 9 to 12 hours prior to postmortem.\n<\/p>\n<p>        6.    On   15.5.1992   at   about  6.00  A.M.,  A-1  was  arrested  at<br \/>\nMalaiyadipatti, when he gave a confessional statement, the admissible  portion<br \/>\nof which is  marked  as Ex.P7.  Following the confession, A-1 produced M.  O.6<br \/>\nbloodstained shirt and M.O.7 bloodstained knife which were recovered by P.W.14<br \/>\nunder Ex.P6 mahazar.  Apart from those material  objects,  A-1  also  produced<br \/>\nM.O.5 footwear,  which  was  recovered.  On 16.5.1992 at about 8 A.M., A-2 was<br \/>\narrested.  The Investigation Officer made  Ex.P8  to  the  concerned  Judicial<br \/>\nMagistrate&#8217;s  Court  to  send  all the material objects for chemical analysis.<br \/>\nAccordingly, the material objects were subjected to chemical analysis  on  the<br \/>\nrequest made  by  the Judicial Magistrate, Srivilluputhur.  The reports of the<br \/>\nChemical Analyst and Serologist were marked as Exs.P10 and  P11  respectively.<br \/>\nOn  completion  of  the  investigation, the Inspector of Police filed a charge<br \/>\nsheet against the accused.\n<\/p>\n<p>        7.  In order to bring home the guilt of the accused,  the  prosecution<br \/>\nhas examined 14 witnesses and marked 14 exhibits and 11 material objects.  The<br \/>\nappellants,  when questioned under S.313 of Code of Criminal Procedure, flatly<br \/>\ndenied the versions of the prosecution witnesses, but  would  add  that  those<br \/>\nversions were false.   No defence witness was examined.  After considering the<br \/>\nsubmissions made by both sides and scrutiny of the  materials  available,  the<br \/>\nlearned  Sessions Judge found the accused guilty under S.302 read with S.34 of<br \/>\nI.P.C.  and awarded life imprisonment.    Aggrieved  appellants  have  brought<br \/>\nforth this appeal.\n<\/p>\n<p>        8.   Strongly  attacking  the judgment of the court below, the learned<br \/>\nCounsel appearing for the appellants would submit that  the  lower  court  has<br \/>\nfound  them  guilty in a case where there was no evidence, and the prosecution<br \/>\nmiserably failed to prove the case or show any nexus  between  the  appellants<br \/>\nand  the  crime  in  question; that the prosecution did not produce any direct<br \/>\nevidence, but has solely depended on the circumstantial evidence, but  in  the<br \/>\ninstant  case, the prosecution has not even proved one circumstance indicating<br \/>\nthe guilt of the accused; that except two witnesses, all other witnesses  have<br \/>\nturned  hostile;  that  P.W.1  was neither an eyewitness nor examined to speak<br \/>\nabout any circumstance; that except P.Ws.5 and 6, which was much relied on  by<br \/>\nthe  prosecution,  all  witnesses  have turned hostile; that even P.Ws.5 and 6<br \/>\nhave not spoken about any circumstance connecting the accused  to  the  crime;<br \/>\nthat  from  the evidence of the witnesses, it would be clear that the deceased<br \/>\nwas a ganja seller; that number of police cases were against him, and  he  had<br \/>\nnumber  of  names  also;  that  a  reading  of  the evidence of P.W.7, Village<br \/>\nAdministrative Officer would clearly reveal  that  both  the  arrest  and  the<br \/>\nconsequent recovery cannot but be false; that even the reports of the chemical<br \/>\nanalyst  and  serologist  did  not support the prosecution case; that there is<br \/>\nabsolutely no evidence incriminating the accused; that the  only  circumstance<br \/>\nthat  the  deceased  was seen in the company of the accused the previous night<br \/>\nhas not been proved by the prosecution; that it is pertinent to note that  the<br \/>\nalleged  recovery  of the bloodstained shirt is only 10 days after the alleged<br \/>\nincident; that there is no evidence as to whom the bloodstained shirt  belongs<br \/>\nto;  that  in the instant case, there is no motive for the accused to kill the<br \/>\ndeceased; that in view of the above reasons, the judgment of the  lower  court<br \/>\ncannot  be  sustained,  and hence, the same is liable to be set aside, and the<br \/>\naccused be acquitted of the charge.\n<\/p>\n<p>        9.  The learned Additional Public Prosecutor in his attempt to sustain<br \/>\nthe judgment of the court below would submit that it is true  that  number  of<br \/>\nwitnesses  examined  by  the prosecution have turned hostile, but P.Ws.5 and 6<br \/>\nwould clearly speak about the motive for the accused to commit the crime,  and<br \/>\nthe words uttered by the first accused before the occurrence were spoken to by<br \/>\nthem;  that  from  the  evidence  of P.W.5, it would be clear that a few hours<br \/>\nprior to the occurrence, he has last seen the deceased in the company of  both<br \/>\nthe  accused; that this evidence would indicate that it was those accused, who<br \/>\nhave committed  the  murder  of  the  deceased;  that  apart  from  that,  the<br \/>\nprosecution  has also proved through the clinching evidence that A-1 has given<br \/>\nconfessional statement and pursuant to the same, he has produced the  material<br \/>\nobjects  including  the  knife  used by the accused at the time of occurrence;<br \/>\nthat this confessional statement leading to the recovery of the weapon used by<br \/>\nthem at the time of occurrence  would  clearly  point  to  the  guilt  of  the<br \/>\naccused;  that  the  reports  of the chemical analyst and serologist have also<br \/>\nsupported the prosecution case; that it is  true  that  the  prosecution  case<br \/>\nrested exclusively on the circumstantial evidence; that by adducing sufficient<br \/>\nand acceptable evidence, the prosecution has proved the case beyond reasonable<br \/>\ndoubt;  that  the  lower court only after careful scrutiny and analysis of the<br \/>\nentire evidence has come to the  correct  conclusion  that  the  accused  have<br \/>\ncommitted the heinous crime of murder of Periasamy, and hence, the judgment of<br \/>\nthe lower Court has got to be sustained, and the appeal be dismissed.\n<\/p>\n<p>        10.   As  seen  above,  the  appellants  herein, ranked as A-1 and A-2<br \/>\nbefore the court below  stood  charged  for  murder  alleging  that  they,  in<br \/>\npursuance of the common object, caused the death of one Periasamy @ Ayyarettu,<br \/>\nthe  son  of  P.W.1  on  the  night  of  4th May, 1992 near Girls High School,<br \/>\nKamarajar Nagar, Rajapalayam.  In view of the medical evidence adduced by  the<br \/>\nprosecution  through  P.W.2 Postmortem Doctor, his certificate under Ex.P3 and<br \/>\nhis opinion, it cannot be disputed that the deceased  Periasamy  died  out  of<br \/>\nhomicidal violence, and this fact is also not disputed by the appellants.\n<\/p>\n<p>        11.   Entirely  resting  its  case  on  circumstantial  evidence,  the<br \/>\nprosecution, in order to prove the circumstances relied on by it, marched  ten<br \/>\nwitnesses, apart  from adducing medical and scientific evidence.  Out of those<br \/>\nwitnesses, P.Ws.3, 4, 7, 8, 9 and 10 have turned hostile.  Their evidence  was<br \/>\nof  no  use  to  the prosecution to prove all or any of the facts sought to be<br \/>\nproved through them.  P.W.6 Sonaimuthu has been examined to prove  the  motive<br \/>\nfor the  appellants\/accused to commit the crime.  According to P.W.6, on a day<br \/>\nat about 9.30 P.M.  2  \u00bd  years  prior  to  his  evidence,  A-1  demanded  the<br \/>\ndeceased,  the money due to him, and the deceased informed the witness that he<br \/>\nwas liable to pay Rs.200\/- to A-1, and at the time of the said  incident,  A-1<br \/>\ndirected  the  deceased  that  he  should  make the payment within a week, and<br \/>\notherwise, he should face dire consequences.  It is  pertinent  to  note  that<br \/>\nnowhere P.W.6  has  stated  when  that  incident  took place.  If A-1 told the<br \/>\ndeceased that he should make the payment within a week, and if  not,  to  face<br \/>\ndire  consequences, the incident in question could not have taken place on the<br \/>\ndate of occurrence.  In his evidence, P.W.6 has not  made  any  mention  about<br \/>\nA-2.  According  to the said witness, A-1 was not known to him previously.  He<br \/>\nhas not identified the accused at the time of the identification parade.   All<br \/>\nthe  above  would cast a doubt whether any incident as narrated by P.W.6 would<br \/>\nhave taken place either before or on the date of occurrence.\n<\/p>\n<p>        12.  P.W.5 Kamaraj was examined by the prosecution to prove  that  the<br \/>\ndeceased  was  last seen in the company of both the accused at about 8.30 P.M.<br \/>\non 4.5.1992 in front of Meenakshi Theatre.  According to P.W.5, on the date of<br \/>\noccurrence, about ten per including the deceased proceeded  for  hunting,  and<br \/>\nnear  Meenakshi Theatre, both the appellants intercepted the deceased and took<br \/>\nhim from there, and the  witness  and  others  proceeded  to  the  forest  for<br \/>\nhunting,  and  the  next morning, he came to know that Periasamy was murdered.<br \/>\nMuch reliance was placed by the prosecution on the testimony of this  witness,<br \/>\nand apart  from  that, the lower court has also relied on the same.  It is not<br \/>\nthe case of the prosecution that the appellants were already known to P.  W.5.<br \/>\nFrom the available records, it could be seen that an identification parade was<br \/>\nconducted by the concerned Judicial Magistrate on the requisition made by  the<br \/>\ninvestigation agency.    For  the  reasons  best known to the prosecution, the<br \/>\nentire proceedings as to the identification  parade  was  neither  marked  nor<br \/>\nrelied on  by the prosecution.  But, the Investigation Officer in his evidence<br \/>\nhas categorically admitted that during the identification  parade,  P.W.5  has<br \/>\nnot identified  the appellants.  If the witness could not identify the accused<br \/>\nin the identification parade, which took place within a short span of time, it<br \/>\nwould be hard and unsafe to accept his evidence stating that the deceased  was<br \/>\nfound  in  the  company  of  the appellants on the date of occurrence that was<br \/>\nnearly 2 \u00bd years before his evidence.\n<\/p>\n<p>        13.  One other circumstance relied  on  by  the  prosecution  was  the<br \/>\nconfessional  statement  alleged to have been given by A-1 and the recovery of<br \/>\nM.O.6 bloodstained shirt and M.O.7 knife.  A comparison  of  the  evidence  of<br \/>\nP.W.11  Lingam,  Village Administrative Officer, the witness examined to prove<br \/>\nthe arrest and confessional statement of A-1 and recovery  of  those  material<br \/>\nobjects  with that of P.W.14 Investigation Officer would make it clear that no<br \/>\nevidentiary value can be attached to the said piece of evidence.  According to<br \/>\nP.W.11 Village  Administrative  Officer,  after  10  days  from  the  date  of<br \/>\noccurrence,   he   went  to  Malayadipatti  area  where  he  found  A-1  being<br \/>\ninterrogated after arrest, by the police officials,  and  at  that  time,  the<br \/>\nbloodstained   knife   was  by  his  side,  and  the  police  recovered  M.O.6<br \/>\nbloodstained shirt and M.O.7 knife under Ex.P6  mahazar.    According  to  the<br \/>\nprosecution,  A-1 was arrested on the North-South Road of North Malayadipatti,<br \/>\nwhere he gave the confessional  statement.    It  was  not  the  case  of  the<br \/>\nprosecution  that  A-1  produced  the  material objects at the place where the<br \/>\nconfessional statement was made by  him  and  recorded  by  the  Investigation<br \/>\nOfficer.   From  Ex.P6 mahazar it could be seen that the said material objects<br \/>\nwere   recovered   near   Kazhudhakadavu   Odai,    Sanjeevi    Malayadivaram,<br \/>\nMalayadipatti.   Nowhere  P.W.11  has stated in his evidence that A-1 took the<br \/>\npolice officials and witnesses to the aforesaid place and produced  the  above<br \/>\nmaterial objects.  All the above would go to show that the evidence of P.W.11,<br \/>\nrecovery  witness  and the Investigation Officer would be inconsistent to each<br \/>\nother, and this piece of evidence coupled with Ex.P6 mahazar  would  make  the<br \/>\nfalsity  of  the  confessional  statement and recovery of the material objects<br \/>\nexplicit.\n<\/p>\n<p>        14.  According to P.W.1, it was her younger son who informed her about<br \/>\nthe incident.  But, the said younger son of P.W.1 was not examined.  P.W.1 has<br \/>\naverred in her complaint that her deceased son was intercepted on the night of<br \/>\nthe occurrence day by two persons who were known to P.W.3.  It remains  to  be<br \/>\nstated that  both P.Ws.3 and 4 have turned hostile.  It is not the case of the<br \/>\nprosecution that P.W.1 knew anything about the occurrence.  From the available<br \/>\nmaterials it could be seen that P.W.1 was only an informer to  the  police  to<br \/>\nset the  criminal  law in motion.  Law does not require the prosecution either<br \/>\nto allege number of circumstances or to prove them, in any given case when  it<br \/>\nrests upon   the  circumstantial  evidence.    Even  one  strong  circumstance<br \/>\nindicating that except the accused, no one could have  committed  the  offence<br \/>\nand pointing  to  the  guilt of the accused, would be sufficient.  But, in the<br \/>\ninstant case, though the prosecution in its attempt to bring home the guilt of<br \/>\nthe accused has alleged number of circumstances, it could not prove  at  least<br \/>\none circumstance  to  connect the accused to the crime in question.  Thus, the<br \/>\nprosecution has miserably failed to prove its case.  Without  considering  all<br \/>\nthe  above  aspects  of  the matter, the lower court went wrong in finding the<br \/>\nappellants\/accused guilty and awarding the punishment.    Hence,  without  any<br \/>\nhesitation,  the judgment of conviction and sentence passed by the court below<br \/>\nhas got to be necessarily set aside, and the appellants\/ accused be  acquitted<br \/>\nof the charge.\n<\/p>\n<p>        15.  In the result, this criminal appeal is allowed, setting aside the<br \/>\njudgment of the court below.  The appellants\/A-1 and A-2 are acquitted of  the<br \/>\ncharge forthwith.    The  bail bonds executed by the appellants, if any, shall<br \/>\nstand cancelled.\n<\/p>\n<p>Index:  Yes<br \/>\nInternet:  Yes<br \/>\nTo:\n<\/p>\n<p>1.  The Sessions Judge, Kamarajar District at Srivilliputhur.\n<\/p>\n<p>2.  The Judicial Magistrate No.III, Srivilliputhur.\n<\/p>\n<p>3.  The Judicial Magistrate No.III, Srivilliputhur,<br \/>\nThrough The Chief Judicial Magistrate, Srivilliputhur.\n<\/p>\n<p>4.  The Superintendent, Central Prison, Madurai.\n<\/p>\n<p>5.  The Public Prosecutor, Madras.\n<\/p>\n<p>6.  The District Collector, Kamarajar District at<br \/>\nSrivilliputhur.\n<\/p>\n<p>7.  The Director General of Police, Chennai 4.\n<\/p>\n<p>8.  The Inspector of Police, Rajapalayam North Police<br \/>\nStation.\n<\/p>\n<p>nsv\/<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Madras High Court Nagarajan vs State Through on 16 September, 2002 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16\/09\/2002 CORAM THE HONOURABLE MR.JUSTICE P.SHANMUGAM AND THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM CRIMINAL APPEAL NO.131 of 1995 1. Nagarajan 2. Mohan .. Appellants -Vs- State through, Inspector of Police, Rajapalayam North Police Station. .. Respondent This [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-12992","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Nagarajan vs State Through on 16 September, 2002 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/nagarajan-vs-state-through-on-16-september-2002\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Nagarajan vs State Through on 16 September, 2002 - Free Judgements of Supreme Court &amp; 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