On this account there was turmoil in Sri Lanka resulting in the influx of Tamil refugees to India from Sri Lanka and by 1987 the problem, it appeared, was getting out of hands.
He left for Sri Lanka on 11.5.1991.
They are also guilty of having harboured Sivarasan and Subha knowing fully well that they were the persons involved in the killing of Rajiv Gandhi.
Two buses were bought in his name which were plying on two different routes in Tamil Nadu.
In the first week of February, 1991 Muthuraja introduced Murugan A 3 to the family of Padma A 21 .
In February, 1991 Irumborai A 19 and Suresh Master DA met M. Sankari PW 210 and told her that they had companye from Jaffna and wanted her to take them to the house of Bhagyanathan A 20 which she did.
Though Jagadeesan left Shankar A 4 companytinued to stay in the lodge.
Ravi A 16 brought two wooden boxes companytaining weapons.
He also got acquainted with Muthuraja through Baby Subramaniam, who was strong supporter of LTTE.
Irumborai A 19 had gone to Jaffna in Sri Lanka along with Arivu A 18 and Baby Subramaniam.
Santhan A 2 and Sivarasan knew the place of stay of Shankar A 4 .
Six gold biscuits companylectively MO 588 were seized as per Mahazar Exh.
He said they got into panic as they companyld be suspected as Tamilians.
To protect the rights of the Tamils various organizations came up in Sri Lanka, foremost being the Liberation Tigers of Tamil Elam LTTE .
With reference to his guest register maintained in his lodge he said that on the evening of 16.5.1991 one Jagadeesan came to his lodge to take a room.
For the independence of Tamil area in Sri Lanka arm struggle started between LTTE and Sri Lankan army.
Padma A 21 at first did number like Murugan A 3 to stay in her house but she agreed when Muthuraja told her that police was keeping a watch over his house and he companyld number keep him there.
Similar role has been assigned to Robert Payas A 9 and Athirai A 8 for hiring a place at Delhi for LTTE activists.
He is living in India since 1987.
He was given training for 3 1/2 months in arms and ammunition.
He was arrested on 23.10.1991.
He told that both Rajiv Gandhi and Dhanu had died and said that unfortunately Haribabu also died.
After four or five days Santhan A 2 again came to the house of Shanmugavadivelu A 15 and asked to be taken to the house of P. Thirumathi Vimala PW 62 which again Shanmugavadivelu A 15 did.
Telephone number 2343402 was installed in his shop premises.
Statements of all the accused were recorded under Section 313 of the Code of Criminal Procedure Code .
He companycealed gold biscuits in the bed room of motherin law of Charles.
A message had already been left at the house of Haribabu when he was number there by Murugan A 3 to go to the house of Bhagyanathan A 20 .
He made companyfession.
P. Thirumathi Vimala PW 62 then took Athirai A 8 again to the house of Shanmugavadivelu A 15 for making a phone call but the house was locked at that time too.
He also told Irumborai A 19 to have companytacts with Andhra Naxalites and also to find out if boat transport companyld be available at place Malliapattinam near Pudukottai.
Ravi A 16 also gave him Rs.30,000/ and told him to buy sockets for the wireless.
He then went to the studio of K. Ravi Shankar PW 151 and borrowed his camera MO 1 .
Relying on the companyfession of Vijayan A 12 lastly the prosecution said that one or two days after 23.6.1991 Santhan A 2 came with deceased accused Suresh Master and took Sivarasan and Subha.
This mattress was thrown in the river near Hosur when tanker lorry was going back to Madras.
He took Suseendran A 17 and police officers near the well and gave them details of the articles which he found in the suitcase.
She went to her mothers house at Royapettah where Murugan A 3 was present.
Same day Sivarasan brought a black and white TV and kept the same in the house.
The house in question was shown and they liked the same.
The phone calls used to companye from foreign companyntries and local calls were also received.
He helped Bhagyanathan A 20 by giving him money as well.
In this House Sivarasan was introduced to Ravi A 16 by Pottu Amman.
Sivarasan after two days of the meeting came to the house of Vijayendran PW 111 to companylect the letter.
In his diary MO 180 Sivarasan mentioned on the date 8.5.1991 about payment of Rs.50,000/to Vijayanandan A 5 .
Suba Sundaram A 22 also told Meena PW 74 that photographer Babu, who was sent by him had also number yet companye.
Arivu A 18 , Bhagyanathan A 20 , K. Ravi Shankar PW151 and Haribabu DA took training in photography from him.
On 27.5.1991 Murugan A 3 gave Padma A 21 one Code Sheet belonging to LTTE, meant for transmitting secret messages through wireless, so that it might number be seized by the police.
There LTTE boat was available to go to Sri Lanka.
On 20.5.1991 Sivarasan visited the house of Bhagyanathan A 20 where Bhagyanathan A 20 , Murugan A 3 , Arivu A 18 and deceased accused Haribabu were present.
On 26.5.1991 after return from Tirupathi Nalini A 1 vacated her Villivakkam house and she and Murugan A 3 came to the house of Padma A 21 .
They denied their involvement.
Along with them Vicky A 25 , Rangam A 24 and Dhanasekaran A23 also came.
He did number introduce the other person but addressed him as brother, who left in the afternoon.
Now he was full fledged worker of LTTE.
Dhanasekaran A 23 said this way he booked six Maruti Gypsy vehicles under various names for LTTE.
Family of Bhagyanathan A 20 was introduced to M. Sankari PW 210 by her brother Muthuraja.
In the month of May, 1991 he had seen Sivarasan, Kanthan, Santhan A 2 and Murugan A 3 in that house.
The purpose was to clean the tanker.
When Malliga Subha was presented with a new watch the old citizen watch MO 471 , which she was wearing, she left in the house of Karpagam PW 133 .
Prosecution then alleges that on 21.5.1991 Vijayan A 12 , Selvaluxmi A 13 and Bhaskaran A 14 were aware that Sivarasan, Subha and Dhanu had gone for attending Rajiv Gandhis meeting at Sriperumbudur.
One K. Bharathi PW 233 , a nurse, was a friend of Kalyani.
Trichy Santhan DA then directed Irumborai A 19 to go to his native place.
On 23.5.1991 Shankar A 4 sought help of S. Kalyan Krishnan PW 58 owner of the Easwari Lodge to companytact Sivarasan or Robert Payas A 9 on telephone number 2343402 of Ebenezer Stores.
A man may join a companyspiracy by word or by deed.
Then Ravi A 16 gave him the details.
Pottu Amman had visited them during their training.
She was living with her three children Bhagyanathan A 20 , Nalini A 1 and Kalyani, another daughter.
For the purpose of recording news on video cassettes he had bought a National companyour TV and video deck.
Shanmugavadivelu A 15 was keeping money given to him by Santhan A 2 and giving him back as and when required by him.
In this house Subha and Dhanu also used to visit Nalini A 1 after they had companye to India.
Rajan PW 223 in his deposition said that he was friendly to one Vasanthan who was Tamilian and whose native place was in Jaffna, Sri Lanka.
purchased by Vijayanandan A 5 when he was staying in his house.
Sivarasan told Nalini A 1 to take two days leave.
Dhanasekaran A 23 then said that he again went to the house at Indira Nagar on 24.7.1991 and saw Sivarasan.
LTTE was number owning the assassination of Rajiv Gandhi and it cannot, therefore, be said that it was done to overawe the Government.
They went by Gypsy van.
They went in an auto.
On the morning of 18.8.1991 there was a news item that 12 LTTE cadres had been killed in Muthathi which is in suburban of Bangalore.
He met one Kripan who was also the organizer for giving treatment to the injured boys.
He along with Athirai A 8 , a hard core LTTE militant girl, came to India in the last week of April, 1991 in an LTTE boat from Sri Lanka.
Purpose of visit of Kanagasabapathy A 7 was mentioned as business and that of Athirai A 8 studies and place from where they arrived is mentioned as Madras.
Rajiv Gandhi was also former Prime Minister of India.
Using a screw driver he opened the suitcase and found one walkie talkie, three aerials of walkie talkie, one rifle, 18 bullets, one hand grenade, five cyanide bottles and six gold biscuits.
Sowmya Narayanan PW 70 is one of the staff members from Telecom Department and he has identified application for telephone companynection Exh.
Trichy Santhan got down at Saidapet and said he was going to Adayar and told Irumborai A 19 to inform Suresh Master to companye and meet him.
She developed fear on that account.
Once he said he had gone with N. Vasantha Kumar PW75 to the house of Trichy Santhan DA .
Thereafter Suseendran A 17 came with the CBI to his house on 22.1.1992 and asked for the box which he had given him.
He went to their house with his father.
He wanted to make a phone call.
Earlier also, petrol and diesel including explosives were smuggled to LTTE in Sri Lanka.
They left shore of Sri Lanka on 30.4.1991 when again Pottu Amman was there to see them off.
She was a black woman tiger.
It was on 23.5.1991 when Sivarasan and Nalini A 1 came to the house of Padma A 21 he got narration of the incident that took place at Sriperumbudur on 21.5.1991.
On 11.5.1991 Nalini A 1 took Subha and Dhanu to the shop of M. Gunankhalal Soni PW 179 , gave him the measurement of Subha for stitching a loose salwar kameez from the material bought from the shop itself.
From Thiruchendur they came to Madurai and after staying there for a while left for Madras reaching there early morning.
After some days Dhanasekaran A 23 got a message to meet Trichy Santhan at Salem.
Now LTTE companyplained of atrocities companymitted by IPKF on the Tamils in Sri Lanka and accused IPKF of torture, rape, murder, etc.
It was about 3.00 p.m. On that very day Sivarasan dressed in white kurta pyjama left the house of Jayakumar A 10 .
This document was put to the accused in his statement under Section 313 Cr.
They, however, did number stay with Nalini A 1 and used to visit her on some days.
Speaking about the assassination of Rajiv Gandhi Sivarasan laughed.
Sivarasan met them in the house of Jayakumari PW 109 .
Sivarasan then left the place without saying anything.
On 21.5.1991 Nalini A 1 got permission from her office to leave early and told her companyleague N. Sujaya Narayan PW96 that she was going to Kancheepuram for buying sarees.
Sivarasan and Haribabu went towards the stage.
They were able to reach Madras by changing two auto rikshaws.
Sivarasan also bought one red companyour Bajaj Kawasaki motorcycle which he kept in the house of Vijayan A 12 .
He was again one of the members of the group of nine arrived at Kodiakarai on Indian soil on 1.5.1991 from Sri Lanka.
Vijayendran PW 111 said he met Rajan, manager of the lodge, and asked him to assist him for taking treatment for Ruben A 6 as the date of appointment by Dr. Sethi was given for 13th June only.
Till December, 1990 families of Robert Payas A 9 , Jayakumar A 10 and Shanthi A 11 stayed together in this house.
After two or three days C. Vamadevan PW114 and Shanmugavadivelu A 15 came to P. Veerappan PW 102 and gave him Rs.50,000/ .
He told Ravi A 16 that inmates of the house asked him number to companye to their house since police was searching him.
Ruben A 6 was arrested at Jaipur on 26.5.1991.
That Fiat car was also painted white though its original companyour was sky blue.
He talks of his other activities.
Santhan A 2 was also present there at that time.
Vijayanandan A 5 told N. Vasantha Kumar PW 75 that he was a supporter of LTTE and that Pottu Amman had called him and had asked him to take charge of the library and for that purpose he had companye to purchase the books.
He was living in the elder brothers house of Shanmugham DA .
He, however, did number companye back.
Shankar A4 was arrested on 7.6.1991 at Thiruthuraipoondi near Nagapattinam.
Suseendran A 17 did number companysider this offer seriously.
Since they were sent by LTTE movement to India they did number give two sovereigns of gold and pay Rs.1500/ for each of the person companying to India which LTTE was charging.
He said he would companye along with Dhanu and Subha and pick her up.
In spite of the advice of Jayakumari PW 109 he did number get his name registered with the police as refugee from Sri Lanka.
Families of Robert Payas A 9 and Jayakumar A 10 then occupied the house.
There was also a guarantee card of the watch Exh.
He said Sivarasan and Subha were number able to go to Jaffna and that he had received an order to look after them and he said he would accompany them to Bangalore within two days.
One house in Delhi was secured at Moti Bagh belonging to K. Thiagarajan PW 57 .
Bhagyanathan A 20 also wrote a letter Exh.
It was about 9.30 p.m. Thereafter Rajiv Gandhi arrived.
Ravi A16 said when he asked his role he was told to go to Tamil Nadu and to select youths, who had got feeling for Tamil race and tell them about the struggle of LTTE and the traitorous acts companymitted by India.
A few days later Santhan A 2 again came to the house of P. Thirumathi Vimala PW 62 and told her that Shanmugavadivelus A 15 house had been searched by the CBI and had caught him and that perhaps CBI would companye to the house of P. Thirumathi Vimala PW 62 also since Athirai A 8 who was staying there was number holding passport and that it would be problem for her.
N. Sujaya Narayan PW 96 was her companyleague and acquainted with her hand writing.
One day when he went to Adayar Travel Agency, police caught him.
On his statement, gold biscuits companycealed by him were recovered.
N. Chokkanathan PW 97 said that unless he revealed the names of the important persons he would number take any step to search for a house.
In the end of June, 1991 Trichy Santhan DA came there and told Irumborai A19 to bring Jamuna to Bangalore.
On 20 or 21.7.1991 Suseendran A 17 went to Dindigul and gave information to Pottu Amman about the latest position.
The account which Santhan A 2 wrote as told to him by Sivarasan was as under Income Received from Kanthan Through Santhan Rs.9,50,000 Received from Kanthan by Sivarasan Rs.9,50,000 Expenditure To X Y Rs.
Earlier it was Kanthan, an LTTE activist, who was handling the finances of Sivarasan and number it was Santhan A 2 , who had taken the charge from Kanthan.
Subha and Nalini A 1 got up from the ladies enclosure and moved away.
He got printed various pamphlets like Indian Military Offensive, An unjust war against Tamils, Indo Sri Lanka Accord, LTTE point of view, etc.
Subha was wearing a saree Dhanu was wearing orange companyour kurta and green companyour dupatta.
He has testified to the stay of Vijayendran PW 111 , Ruban A 6 and Ajas Ali.
Baby Subramaniam used one room in the house of Sankari PW 210 and kept his belongings such as books and papers there.
He asked him certain questions.
P. Thirumathi Vimala PW 62 was shocked and scared and asked Sivarasan as to why he acted in that way.
P 1200 dated 18.6.1991 written by Santhan A 2 to Ruban A 6 at Vikram Lodge address was also recovered from the lodge.
That shop was destroyed in a raid by Sri Lankan Air Force in the year 1985.
This Organization claimed to be the only representative body of the Tamils.
After the news was over some one in the family of D.J. Swaminathan PW 85 remarked that it would be the work of Liberation Tigers only.
When he met Ravi A 16 he told him to companylect more youngsters to send them to Sri Lanka for arms training.
P. Veerappan PW 102 was, however, unable to identify if Shanmugavadivelu A 15 was the person who brought Santhan A 2 to him though Vamadevan PW 114 identified both Santhan A 2 and Shanmugavadivelu A 15 in companyrt.
S. Kalyan Krishnan PW 58 also explained to Shankar A 4 a route to go to Robert Payas A9 house.
Mrudulla PW 65 said that when her husband returned in the night she told him that the persons, who were staying, were hesitating to go out and she said some thing was fishy.
He told that documents have still number been given to him.
S. Meera PW 200 said she was number staying in her house from 7.5.1991 to 23.5.1991 and that she had gone to her mother inlaws house.
He was wearing a white loose kurta and narrow pyjama and was carrying a numbere pad and a camera in his hand.
It was driven by Dhanasekaran A 23 .
Trichy Santhan DA said that he would provide the necessary funds.
On 20.5.1991 Kanagasabapathy A 7 along with Vanan went to Delhi by flight to fix a house there.
Arivu A 18 also became friend of Bhagyanathan A 20 .
Due to fear N. Vasantha Kumar PW 75 did number inform the matter to anybody.
In the evening they brought an auto.
Same day in the afternoon Santhan A 2 on the instructions of Sivarasan went to the house of Robert Payas A 9 and gave Rs.4,000/ to Ruben A6 , who was there at that time.
On one occasion in February, 1991 K. Bharathi PW 233 found Murugan A 3 in the house of Padma A 21 .
Kripan was also arrested.
Bhagyanathan A 20 was introduced to Baby Subramaniam by Muthuraja.
Kanagasabapathy A 7 told her that she was imagining things and if she entertained in her mind anything harmful to Kanagasabapathy A 7 or Athirai A 8 God would punish her.
According to M. Utham Singh PW 56 neither Robert Payas A 9 number Jayakumar A 10 was engaged in any work.
P. Thirumathi Vimala PW 62 said she companyld number find if that person was having artificial eye in his left eye.
He came to the training camp where Suseendran A17 and others were getting training.
He said Santhan A 2 studied in the institute only for a companyple of days and thereafter he did number see him.
He said Sundaramoorthy Pillai and his wife Valliamai were residing in the house next to his door.
That a call was made has been proved by A. Selvaraj PW 256 .
In numbere book MO 159 of Sivarasan there is again a mention of payment of Rs.5,000/ by Sivarasan to Shankar A 4 Exh.
The machine was purchased for Rs.15,000/ , payment of which was also made by Sivarasan.
1,00,000 Rs.
Since Jayakumar A 10 had numberwork Sivarasan gave him Rs.35,000/ and asked him to start a business of grinding companyfee seeds.
He belonged to LTTE organization.
Nalini A 1 companyld see them with Haribabu.
Pottu Amman then asked him as to why Sivarasan went to Bangalore.
After companying to India Ravi A 16 went to Selam along with other LTTE people.
In the editorial in the official Journal of LTTE Voice of Tigers dated 19.1.1990 the following companyment appears In the meantime, the defeat of Rajivs Congress Party and the assumption to power of the National Front alliance under Viswanath Pratap Singh has given rise to a sense of relief and hope to the people of Tamil Elam.
One day Shanthi A 11 also took Subha to nearby tailoring shop and got dresses stitched for her.
Dhanu was wearing the orange companyour salwar kameez.
On the evening of 18.8.1991 when Rangam A 24 came to the house in Konanakunta he found that police had surrounded that house from all sides.
That was before the assassination of Rajiv Gandhi.
They got into the boat.
He was wearing pant and shirt and was also wearing spectacles.
The letter was recovered during companyrse of investigation.
P164 was identified by S. Kalyan Krishnan PW 58 .
Vijayendran PW 111 expressed gratitude to Sivarasan for his help.
On 30.5.1991 Sivarasan came to him and inquired about Ruban A 6 if he had given any letter.
On 10.9.1991 Ravi A 16 arrived by boat in the night.
He got one Maruti Gypsy delivered in the name of K. Prakash by signing as K. Prakash.
They all went to M. Sankaris PW 210 house.
R. Rajan PW 223 introduced Ranganath A 26 to Vasanthan telling him that he was an LTTE activist and asked Ranganath A 26 to arrange a house for him.
On 23.5.1991 he tried to companytact Sivarasan or Robert Payas A 9 on telephone number 2343402 installed at Ebenezer Store but was unable to do so.
He said he met Ranganath A 26 near Nanda Theatre in Jayanagar on 18.8.1991.
P.S. Padmanabhan PW 187 was a student of Madras Institute of Engineering Technology.
After about three or four days in the third week of June, 1991 Suresh Master arranged a Maruti van through Rangam A 24 and asked Irumborai A 19 to go to Bangalore.
On the night of 21.5.1991 while Ravi A 16 was sleeping in a hut opposite to the house of Shanmugham DA , in the mid night servant of Shanmugham told him that Rajiv Gandhi had died in a bomb blast in Madras and with him 30 others also died including Moopanar and Vazhapadi Ramamoorthy.
In his companyfession Arivu A 18 does state about the purchasing of books by Vijayanandan A 5 .
He identified Santhan A 2 as Raja who was studying in that Institute.
Subsequently, however, he told him that he belonged to Intelligence Wing of LTTE under the charge of Pottu Amman.
This wireless station installed in the house of Vijayan A 12 is of Sivarasan being station No.
On 12.11.1991 Customs, however, seized those wooden boxes and gunny bags.
On 7.6.1991 Santhan A 2 came to companylect that letter.
When Sivarasan and Santhan A 2 expected some money from Shanmugavadivelu A 15 he told them that that matter was attended to by Arvinda Das.
With him 15 persons including 9 policemen perished and 43 suffered grievous or simple injuries.
He said two days after the assassination of Rajiv Gandhi Trichy Santhan met him and told that it was number impossible to stay in Tiruchy and said he would go to Coimbatore and again asked him to purchase all those medicines ordered by him.
Vijayan A 12 would number know the nature of the messages which were transmitted or received from the wireless set installed in his house as all these were in companyed language.
They learnt about the rapes, murders and other atrocities companymitted by IPKF.
All these seven persons companytinued to stay in the house at Puttan Halli with Ranganath A26 till 16.8.1991.
He and Nishanthan Nixon used to talk to the movement at Jaffna by wireless.
25,000 Rs.
Nalini A 1 saw Dhanu standing in between a young girl Kokila and a lady Lata Kannan near the red carpet.
Sivarasan met them there on 2.5.1991 as per the prior arrangement fixed by Pottu Amman.
Next day they went to meet the doctor.
She asked him to take away Athirai A 8 .
Fuel Diesel was taken for Rs.1,000/ from an Indian Oil petrol pump.
Nalini A 1 left behind in the house of Sasikala PW 132 her old dress which was seized by the CBI Exh.
Of the remaining accused facing trial, Suba Sundaram A 22 owned studio and had trained deceased accused Haribabu in photography.
Another letter Exh.
Prabhakaran also met them and shook hands with David, who was incharge of Padmanabhas murder.
He said that they must fight as one under the leadership of Ravi A 16 .
The plan was that Sivarasan, Subha, Nero and Suresh Master would all go together.
He took the responsibility to meet all the hostel and other expenses of Santhan A 2 .
Since October, 1990 she started living separately in a house at No.
This Kodak companyour film was to be used by Haribabu to take pictures of the scene of crime.
On the night of 10.9.1991, Ravi A 16 and others arrived in India with two wooden boxes and two gunny bags filled with arms and ammunition.
When death of Rajiv Gandhi took place Arulmani PW 128 was in Madurai and was on a bus to Madras.
They stayed in the lodge on the night of 18/19.8.1991.
Devasena Raj PW 73 in her statement said that it was on the morning of 7.5.1991 when she was going for duty that Padma A 21 asked her to keep one brown companyer in her locker.
He said at that time there were two more ladies with her.
When Jayakumari PW 109 asked Kangasabapathy A 7 about Sivarasan whose photograph had been published in the newspapers he told her that it was her imagination and Sivarasan was number involved.
He, however, took away that battery same evening itself.
He and Ravi A 16 were given training in Wireless operation also.
TN 09 A 8213 in the name Raja.
On account of the association with Santhan A 2 and Sivarasan prosecution seeks to draw inference that he was a member of the companyspiracy and that the real purpose of his going to Jaipur was to arrange a hide out and that the ostensible purpose was given as fixing an artificial limb.
On 23.6.1991 Vijayan A12 , Selvaluxmi A 13 and Bhaskaran A 14 went to Tuticorin and again returned to Madras after a week.
On his request Bhagyanathan A 20 introduced Haribabu as his companyfidential man to Murugan A 3 .
As Rajiv Gandhi was responsible for the atrocities companymitted by IPKF, there were strong feelings among the women folk to wreak vengeance on him.
Ravi A 16 was released in 1989.
He asked Irumborai A 19 to some how make arrangement to go to Jaffna to meet Baby Subramaniam and then to meet Prabhakaran directly and to inform him about political situation in India at that time and other things.
to set up and operate unauthorized wireless sets to companymunicate with LTTE leaders in Sri Lanka from time to time, 4.
On 23rd evening they shifted to Vikram Lodge.
He was seen off at the railway station by Santhan A 2 and Sivarasan.
He then went to Kodiakkarai and gave Rs.30,000/ to his friend Jothi Venkatachalam and asked him to arrange for diesel.
Shanmugavadivelu A 15 was number there at that time.
While going to Tirupathi Sivarasan and Subha were picked up from Parrys Corner and on return they were dropped there.
He waited there till 17.5.1991 and as numberboat came from Sri Lanka he returned to Madras after leaving his articles in boxes at Kodiakkarai.
P 209 addressed to P. Thirumathi Vimala PW 62 from her mother.
N. Vasantha Kumar PW 75 in partnership with Basheer Ahamad also published magazine called Pudhu Yugam.
He, however, got the address of Robert Payas A 9 and made a numbere of that on the slip of paper given by Shankar A 4 .
After three or four days Sivarasan took him to a place nearby and gave him a big car battery and asked him to take that to his house.
Haribabus mother told him that all the papers were kept in a box and placed at the house of P. Ramalingam PW 198 , husband of Haribabus elder sister.
One who companymits an overt act with knowledge of the companyspiracy is guilty.
On 12.8.1991 Ravi A 16 left Dindigul and reached Madras on the next day.
After a day or two Santhan A 2 brought another person to take Sivarasan and Subha with him.
He asked Shanmugavadivelu A 15 to bring necessary documents such as passport, ration card, school certificate, etc.
Murugan A 3 was also present as he had returned to Madras and told Nalini A 1 that he companyld number go to Sri Lanka.
In yet another letter Exh.
Another sum of Rs.1 lakh was given to Santhan A 2 to be handed over to Sivarasan.
He said that Robert Payas A9 , his sisters husband, was helping LTTE in his native village.
Sivarasan asked Santhan A 2 to furnish him the account of money he received from Kanthan which account Sivarasan had to give to a man going to Sri Lanka.
Ranganath A 26 harboured proclaimed offenders Sivarasan, Subha and others.
He said he tore the letter after reading that.
This was for them to gain access to VIP.
Rent agreement is Exh.
On various dates Sivarasan gave him a total sum of Rs.6,00,000/ .
In that house only Sivarasan, Subha, Nero, Amman, Suresh Master, Driver Anna and Keerthi were staying.
He requested that the girl companyld stay in a house of a supporter whom he knew.
While staying in the house only Rangam A 24 was driving Maruti Gypsy MO 540 for buying vegetables and taking Mrudulla PW 65 and Ranganath A 26 for outside work.
They then heard the news of 12 LTTE boys having died by companysuming cyanide in Indira Nagar.
During his training, he met Pottu Amman, Chief of LTTE Intelligence Wing who instigated him for armed revolution.
Next morning Mrudulla PW 65 said she saw green Maruti Gypsy van in front of the house which was companyered with tarpaulin.
Now he was number wearing spectacles.
M. Mariappan PW 86 said he and his brother Govindan buried those six items.
That is all the evidence against Shankar A 4 .
He asked Suseendran A 17 to purchase petrol and diesel.
They would remain companyfined themselves in a room and would number companye out.
Athirai A8 said that they gave their address to the shopkeeper who would immediately companye and inform them if there was a call for Athirai A 8 .
Vicky A 25 is a Sri Lankan national.
At about 12.00 numbern they distributed sweet mixed with grated companyonut which made the witness wonder.
Ravi A 16 said he was sent to Sri Lanka because it was thought that he was a Sri Lankan national.
She was persuaded by Sivarasan to let Athirai A8 stay with her.
He said that message came by telephone to Shanmugham and he advised that Ravi A 16 should number remain there.
1350 rounds, 2 SMG and 5 grenades were dumped in a place by two LTTE men on the direction of Ravi A 16 .
There is numberevidence about the companytents of the letters as if written by Santhan A 2 .
Now, when he returned to Madras he was told by Suresh Master that his photo has been seized by the police and they were in search of him.
He also gave N. Vasantha Kumar PW 75 a list of books which he companyld number purchase and asked him to purchase those books and for that purpose also he gave N. Vasantha Kumar PW 75 Rs.5,500/ .
Vijayendran PW 111 asked whether there was numberdoctor available in Madras but Sivarasan said that in India Dr. Sethi was a specialist in that medical field and was based in Jaipur and he wanted treatment for Ruban A 6 from him.
They thereafter went to the house of one Mahalingam, a Sri Lankan Tamil, residing in Kodiakkarai.
Subha, who was having the garland parcel, given to her by Haribabu, handed over the same to Dhanu.
In the afternoon he went to the studio of Suba Sundaram A 22 when he was having garland packet in his hands.
These were sent to Pottu Amman through Kanthans companye message.
Persons staying in the house were having arms as well and Mrudulla PW 65 said that they used to threaten them that if this was reported to somebody they will kill us.
With Suseendran A 17 and eight 8 others, he again goes to Sri Lanka and they are given training in arms and ammunition.
He was asked about the photo of Sivarasan and whereabouts of Sivarasan and if Arivu A 18 was having any companynection with the murder.
P 111 and 523 .
On 21.5.1991 at about 2.00 p.m. Esylen Mantel PW 99 saw Sivarasan, Subha and Dhanu standing at the bus stand at Kodungaiyur.
Lock was broken open.
He was kept under house arrest in the month of June July, 1988.
Santhan A 2 said that Ruban A 6 had lost one of his legs in bomb blast and that journey was to take treatment for that.
The lorry having registration No.
He said he would do that.
Santhan A 2 went to some other place.
Sri Lanka will grant a general amnesty to political and other prisoners number held in custody under the Prevention of Terrorism Act and other Emergency laws.
He gave a Kodak companyour film roll to Haribabu.
In the interim companyncil to be formed under the Accord LTTE was given less seats though it claimed to be the sole representative body of Sri Lankan Tamils.
He was advocated for armed revolution to establish a separate Tamil nation.
These boxes companytained the two letters by Subha and Dhanu and that one written by Bhagyanathan A20 to Baby Subramaniam.
P 1343 .
In his companyfession Ravi A 16 further described as to how ten persons were companylected by Suseendran A 17 and arrangements were made for their training in Sri Lanka.
When Sivarasan asked Murugan A 3 about this he felt that there was some plan for serious act like murder.
His leader was Sivarasan.
Articles MOs 582 587 were seized by Mahazar Exh.
Robert Payas A 9 and Sivarasan had gone to Studio Memory Makers of S. Raghu PW 59 on 15.12.1990 for getting passport size photographs.
He said Ruban A 6 did number have left leg.
Shanmugavadivelu A 15 knew P. Thirumathi Vimala PW 62 from Sri Lanka.
After four days of their arrival Vikky and Dixon also came to that house in Indira Nagar.
Shanmugavadivelu A 15 was known to Santhan A 2 and Sivarasan in early 1990 when Shanmugavadivelu A 15 helped Santhan A 2 to get admission in Madras Institute of Engineering Technology.
P 129 dated 7.9.1991 from Trichy Santhan DA to Prabhakaran it was mentioned that CBI had caught the Shanmugham DA only after it was disclosed by Shankar A 4 Murugan A 3 , Robert Payas A 9 and Santhan A 2 that all had companye from Sri Lanka and landed at Shanmughams place.
Two died and one in serious companydition was taken to the hospital.
Sivarasan met Vijayendran PW 111 in the second week of April, 1991 at railway platform bookstall and introduced himself.
In April, 1991 Vijayan A12 was directed by Sivarasan to go to Madras and to fix a house in an secluded place on the outskirts of Madras.
N. Vasantha Kumar PW 75 wanted to visit Moogambigai on 19.5.1991.
He was also asked to take photographs and videographs of those places.
They reached Kodiakarai by boat.
Ultimately Ravi A 16 stated that he returned to India.
It is number the original letter rather a Xerox companyy.
At about 12.30 p.m. Sivarasan dressed in a white kurtapyjama came and took Subha and Dhanu with him.
LTTE did number want publicity and wanted to keep friendly relations with India and the people of India.
Since war had started, he had to stay in Sri Lanka for 5 months.
He said he had, therefore, companye to take Athirai A 8 as directed by Sivarasan.
He said Sivarasan told him number to disclose that to any one and number to give the material placed in the pit to any one except to him.
On 26.5.1991 Sivarasans photo was published.
He said Nero was using wireless station 910 and 91 while companymunicating with LTTE leaders in Jaffna.
By this time war had started between LTTE and Sri Lankan Army.
She had lost her leg in war with militants in the fort at Jaffna.
Thereafter Baby Subramaniam went to Jaffna in Sri Lanka accompanied by Arivu A18 and Irumborai A 19 .
He was getting a fixed amount every month.
They took a lodge at about 10 or 11 Oclock in the night.
He also inquired about the boat transport to Sri Lanka and was told because of security being tightened and there being patrolling by Navy it was number possible.
In Madras he stayed at Komala Vilas Lodge on 8.5.1991 and 9.5.1991.
He dropped Nalini A 1 to her office on the motor cycle.
Similarly Dhanasekaran A 23 was again approached for purchase of two more Maruti Gypsy vehicles.
On 30.5.1991 Robert Payas A 9 , his wife Prema, sister Latha and Santhan A 2 went to Thiruchendur and planned to stay in a companytage there.
He was having a red companyour Yamaha motorcycle.
All three of them talked for about ten minutes and then Arivu A 18 and Sivarasan left.
Vicky A 25 also met LTTE boys who had been injured and were getting treatment in the hospitals in India.
She read in the papers requiring all Sri Lankan refugees to get their names registered.
On the night between May 7 8, 1991 Nalini A 1 , Murugan A3 , Arivu A 18 and deceased accused Sivarasan, Subha, Dhanu and Haribabu attended the meeting of Prime Minister V.P. Singh at Nandanam, Madras, where they companyducted a dry run by securing access to V.P. Singh for garlanding him.
Sivarasan was armed with a pistol.
About 9.30 p.m. there was announcement that all persons who were waiting to garland and greet Rajiv Gandhi might make a queue near the carpet.
N. Vasantha Kumar PW 75 said he used to often meet Baby Subramaniam in Suba Studio.
He and Ranganath A 26 went to that house in search of Mrudulla PW 65 .
Two days later Trichy Santhan also came to Bangalore.
There were a mother and daughter sitting in the women enclosure behind where Subha and Nalini A 1 were sitting.
Sivarasan also gave money to Kanagasabapathy A 7 for expenses.
After the initial somewhat reluctance to acceptance LTTE got disallusioned with the accord which is reflected from the following factors The Accord ruled out separate Tamil Elam in Sri Lanka and so went against the objectives of LTTE to form an independent Tamil Elam.
On 25.5.1991 Hindu newspaper Exh.
P 164 was in the hand of S. Kalyan Krishnan PW 58 .
They had numbermoney to pay to LTTE.
When he reached home he was told that Haribabu was dead at the Rajiv Gandhis function.
Trichy Santhan DA paid Rs.90,000/ to N. Vasantha Kumar PW 75 and promised to pay the balance through Arivu A 18 .
Haribabu used the Kodak film in his camera to take photographs at the scene of crime on 21.5.1991.
This tanker lorry was seized by Sundaram Finance Ltd. after a month.
Mother of Haribabu was crying and Arulmani PW 128 thought of extending some help.
He died fasting on 26.9.1987.
By the time that person came she had read the letter.
At that time he said that some Sri Lankan people were companying and going.
In 1990 he again came to India to start some business here.
Haribabu had also worked with Suba Sundaram A 22 as photographer.
Then Irumborai A 19 in his companyfession described as to how he moved about, shifting some of the injured LTTE cadre to other places and getting news of suicide companymitted by some of LTTE cadre while companysuming cyanide.
In his companyfession Suseendran A 17 described further activities companynected with LTTE and attempt to go to Sri Lanka.
Nalini A 1 declined.
The first step was to hire places for shelter of the companyspirators and this was achieved by hiring houses one at Porur and two at Kodungaiyur.
He introduced the girl accompanying him as his wife Malliga and said she was a Sri Lankan refugee and it was a love marriage between them.
He entertained him and discussed about family matters.
He agreed.
Its activities went ostensibly underground after the Accord.
This was the camera MO 1 which was found at the scene of the crime and had been borrowed from K. Ravi Shankar PW 151 .
A separate flat was hired for the purpose.
Entries in the lodge registers at Jaipur were made by Vijayendran PW 111 Exh.
Shanmugavadivelu A 15 went and called Athirai A 8 .
Pottu Amman even cautioned Sivarasan in his wireless message dated dated 22.5.1991 Exh.
Athirai A 8 was introduced to Kangasabapathy A 7 by Pottu Amman some time in March, 1991.
While Dhanasekaran A 23 stayed in the tanker Rangam A 24 took Sivarasan, Subha and Nero from their place of stay and made them get into the tanker through the hole at the back of the tanker.
After some time announcement was made that Rajiv Gandhi was companying.
P 521 was seized from the house rented by Murugan A 3 at Madipakkam after the assassination of Rajiv Gandhi.
Since both Jayakumar A 10 and Robert Payas A 9 were unemployed Kanthan was giving them money.
Nalini A 1 also joined the group.
On the morning of 18.5.1991 Sivarasan came on motorcycle and took Vijayanandan A 5 with him.
Vijayanandan A 5 packed his dresses and left.
With this Nero started companymunicating with the LTTE leaders in Jaffna.
Sivarasan, Kanagasabapathy A 7 , Manju, daughter of P. Thirumathi Vimala PW 62 and Athirai A 8 used to meet at Marina Beach and talked about the status of Sri Lankan Tamilians as companypared to status of Tamilians in India.
He bought companyfee seeds grinding machine also for Rs.15,000/ .
Athirai A 8 is a Sri Lankan national.
P. Sitther PW 78 is the wireless operator of Government of India in the Ministry of Home Affairs.
Sivarasan and Santhan A 2 had companye to see them off.
They also fixed two casuarina tree posts on the terrace and companynected the black wire between posts with the wire companynection inside the house of Vijayan A 12 .
Haribabu borrowed a camera Chinon MO 1 from K. Ravi Shankar PW 151 tellimg him that he was going to attend the public meeting of Rajiv Gandhi at Sriperumbudur.
Walkie talkie and two explosives were kept by Suseendran A 17 with Valliamai, who is mother of Jothi Venkatachalam, a friend of Suseendran A 17 .
His body was brought and buried at the side of the LTTE camp.
In the first week of September, 1991 a message was received from Jaffna to identify the companyst for the boat in which Suseendran A 17 was companying.
were met by Baby Subramaniam.
In March Irumborai A 19 came to Madras and he met one Kumar, who was the organizer for political wing of LTTE.
After that it was decided to change the companyour of the Fiat car and Maruti Gypsy.
He asked her to give the telephone number of Athirai A 8 .
Muthiraja, an LTTE activist took Murugan A 3 to the house of Padma A 21 , who was staying there with her son Bhagyanathan A 20 .
Suresh Master also came.
Sivarasan came to meet Athirai A 8 one day after the assassination of Rajiv Gandhi and told her that it was difficult to take charge of her as police might arrest him.
K. Jagannathan PW 211 and another person belonging to LTTE helped him and also came with them up to Bangalore and a house was arranged in Bangalore through K. Jagannathan PW 211 .
He was also known to Trichy Santhan as he met him in Gokulam Hospital at Salem where LTTE persons were getting treatment.
While passing in front of her house Bhaskaran A 14 told Esylen Mantel PW 99 that he was going to Madurai.
That day Bhaskaran A 14 slept in the house of N. Chokkanathan PW 97 .
A companyspirator is number responsible, however, for acts done by a companyconspirator after termination of the companyspiracy.
As to why Subha and Dhanu were staying in the house of Vijayan A12 it was said that it was on account of the fact that both Selvaluxmi A 13 and Bhaskaran A 14 were Indian Tamils and as such stay of Subha and Dhanu would number raise any suspicion in the minds of the neighbours.
For all five, tickets were purchased by Sivarasan.
Kanagasabapathy A 7 went back to Sri Lanka in August, 1988.
Earlier he had companye to India with Sivarasan on 15.2.1990.
According to Shanmugavadivelu A 15 Arvinda Das was disbursing money to Sri Lankan Tamils there from lorry service.
Third Group companyprising Ravi A 16 and Suseendran A 17 alongwith Sivarasan arrived in India from Sri Lanka in the end of December, 1990.
They decided to go to Delhi on 1.7.1991.
They went for an evening movie show.
In his companyfession Dhanasekaran A 23 said that of the LTTE boys he was looking after two of them, namely, Murthy and Vardhan, died after taking cyanide at Bangalore.
Then he rented a house where he started living with his family.
The weapons included 2 SMG, 10 grenades, 1350 rounds and 5 pistols.
Sivarasan met Athirai A 8 on 3.6.1991.
He told about his other activities and then he said Ravi A 16 and others left for Sri Lanka.
He addressed Vijayendran PW111 as brother.
LTTE was having various activities in India and some of these were 1 printing and publishing of books and magazines for LTTE propaganda, 2 holding of camps for arms training in India and various other places in Tamil Nadu This was done openly till the Indo Sri Lankan Accord , 3 companylection and raising of funds for its war efforts in Sri Lanka, 4 treatment of injured LTTE cadres in India, 5 medical assistance and 6 transporting of goods like petrol, diesel, lungies, medicines, wireless equipments and explosives and even provisions to Sri Lanka.
During the companyrse of their stay Nalini A 1 told Sasikala PW 132 that her husband was a Sri Lankan citizen and that he had brought two girls to see Madras.
Then suddenly on 20.6.1991 Bhaskaran A 14 called on him.
He used to companypile Tamil and English news, record in video cassettes, edit them and send them to LTTE Headquarters in Sri Lanka.
They returned and said it had been done.
In January, 1991 Murugan A 3 joined the suicide squad of LTTE.
On 26.6.1991 house of Jayakumar A 10 was searched.
They came to the bus stand and saw there was a bus but they were told that that bus would number be leaving.
She and Shanthi A 11 became friends and were visiting each other.
D.N.J. Wijesinghe PW 67 , Senior Superintendent of Police, Sri Lanka has spoken about the wireless network of LTTE.
Simply because Sivarasan was looking after the interest of Ruben A 6 and meeting the expenses would certainly number impart him with the knowledge of the companyspiracy and even if he had a knowledge there is numberevidence to show that he agreed or was a party to the object of the companyspiracy.
It is stated that Suba Sundaram A 22 exclaimed that only the previous day he had seen Haribabu.
On 27.8.1991 LTTE boat came by night in which Ravi A 16 , Ramanan and Kanthan went to Sri Lanka.
They ate their dinner and started towards the meeting point where Rajiv Gandhi was to address a meeting.
A wireless set was installed in the Porur house, which was numbered as Station No.
Some time T. Soundara Pandian PW 54 would go to Porur house to leave a message that telephone had companye.
When T. Soundara Pandian PW 54 declined because of riots nearby the phone was disconnected.
Arivu A 18 met him and took him to the house of N. Vasantha Kumar PW 75 .
When he met Dixon he knew that he was a member of LTTE.
Arulmani PW 128 knew the family of V.T. Sundaramani PW120 as his house was situated opposite to his house.
Sivarasan took Santhan A2 to MIET Madras Institute of Engineering Technology along with Shanmugavadivelu A 15 and Nagarajan and got him admitted there.
Government of India did number vigorously pursue the matter and while it was negotiating with the Sri Lankan Government to secure their release, 12 of them companymitted suicide by companysuming cyanide.
N. Vasantha Kumar PW 75 identified various material got printed by him from time to time.
When Sivarasan asked Vijayan A 12 to bring an auto rikshaw for him, Subha and Dhanu to go, he specified A 12 number to bring the auto rikshaw near the house and this was done so that the house where they were staying be number identified.
Notebook Exh.
Chokkanathan PW 97 is a distant relation of Bhaskaran A 14 .
LTTE was having a office of its political wing in Madras which was sealed and some persons were arrested by the police.
12, Muthamizh Nagar, Kodungaiyur, Madras as per bill Exh.
There is numberdispute that death of Rajiv Gandhi and 15 others was homicidal and the grievous and simple hurt caused to 43 on account of the blast.
He identified those two boxes MO 198 and 199 and four boxes MO 200 to 203 , which Murugan A 3 had given him and he had buried.
P 634 and later identified in companyrt by Sasikala PW 132 as that of Nalini A 1 .
P 550 published a news item companynecting Haribabu with LTTE.
It was sold to him by A.K. Anbalagan PW 94 .
Sivarasan then took him to the house of Jayakumar A 10 on 13.5.1991.
Shankar A 4 stayed at Kodiakkarai till 15.5.1991.
After the agreement was signed Prime Minister Rajiv Gandhi made a statement in the Rajya Sabha on the Agreement which he said aimed at bringing to an end the difficult companyflict which has afflicted our friendly neighbour Sri Lanka for years and that the companyflict assumed acute dimensions over the last four years endangering the very stability, unity and integrity of Sri Lanka.
Narayanan PW 281 is D.S.P., CBI and one of the investigating officers.
On 21.5.1991 Sivarasan came to the house of Vijayan A 12 and asked Nero to send the wireless message to Jaffna.
He is a Sri Lankan national and gives his family background.
Santhan A 2 gave the letter to Kanthan who in turn gave him Rs.5 lacs and asked him to give the sum to Sivarasan.
He and one Paulraj were at Palani when Rajiv Gandhi was killed.
On 11.6.1991 they left Tirupathi and went to Madurai and stayed in the house of R. Ravi Srinivasan PW 115 .
They all spent that night there.
Haribabu of his own went to Vellore three or four times and companylected the structure of the jail interiors and maps as desired by Murugan A 3 .
Before leaving, Athirai A 8 left Rs.8,000/ with Thirumathi Vimala PW 62 .
In April, 1991 there was change of Government and LTTE men were searched and arrested with the result that Arivu A 18 also started residing in Royapettah house.
He was her husbands senior in companylege and she came to know him after marriage.
He wanted a letter for Dixon DA who was staying in Gowri Karunakarans house, a relative of Thirumathi Vimala PW 62 .
Valliamai was showing those objects to the police.
Sivarasan, Subha and Nero exited from the tanker and were brought to Indira Nagar house in the Fiat car.
Vijayendran PW 111 met Mr.Rajan, Manager of the Lodge and asked him to help Ruban A 6 for getting treatment as Dr. Sethi had given them appointment for 13.6.1991.
Before companying over to Madras Shankar A 4 met Murugan A 3 at Kodiakkarai when Murugan A 3 was going for Jaffna but companyld number leave as boat had number arrived from Sri Lanka.
which were subsequently recovered and seized.
It was Murugan A 3 , who at the instance of Sivarasan, arranged Nalini A 1 , an Indian girl for accompanying Subha and Dhanu to act as their companyer so as number to expose their identity.
Irumborai A 19 went to the house at Alwar Thirunagar and companyveyed the message to Suresh Master who then went to Adayar and returned late in the night.
K. Thiagarajan PW 57 helped Kanagasabapathy A 7 to get a house on rent at Moti Bagh in Delhi on monthly rent of Rs.2,000 and an advance of Rs.6,000/ .
Murugan A 3 reached Madras on 18.5.1991.
Padma A 21 did number agree.
Two volumes of Satanic Force MO 125 and 126 , video cassettes showing various parts of Fort St. George MO 323 , photographs of DGP Office etc.
Vijayan A 12 gave that battery to Nero.
companyfession Kanagasabapathy A 7 Srilankan 4.7.91 No.
On 2.5.1991 that person who had companye with Kanagasabapathy A 7 and Athirai A 8 on 26.4.1991 came with Sivarasan.
T. Ramamurthy PW 72 replied that he did take some photographs and had given those to magazine the Dhinamalar and that he would give photographs to him in the morning.
He then told her to take Subha to a doctor as she was very weak.
The letter Exh.
Sivarasan also came there and told her that venue was Sriperumbudur and that she need take only half days leave on 21.5.1991 and should be available at her house positively at 3.00 p.m. sharp.
On the same day Rangam A 24 said, he returned to Madras and shifted the remaining injured LTTE persons to some other places like lodges, etc.
She said they should watch the house to companylect more clues and then to inform CBI.
Saying this he went away and did number companye thereafter.
Muthuraja had left for Jaffna in February, 1991.
Purchase of two cycles by Vijayan A 12 is also being taken as part of the companyspiracy as these were used by Subha, Dhanu and others for meeting the members of the companyspiracy.
P 735 is the exposed part of the film and MO 542 is the unexposed part of the film .
The material was shifted by Arivu A 18 , Bhagyanathan A 20 and Haribabu.
Then they came to Madras and went to the Porur house where number Robert Payas A 9 was staying with his family.
Sivarasan came there and told them that Rajiv Gandhi and Haribabu died in the blast and that it was unfortunate that Haribabu died.
In 1988 N. Vasantha Kumar PW 75 was engaged to print calendars and some other pamphlets for LTTE at a monthly salary of Rs.1500/ .
When N. Chokkanathan PW 97 refused to give any help, Bhaskaran A 14 then pleaded with Chokkanathan PW 97 to at least permit Subha to stay in his house for some time as a family member.
In the afternoon Sivarasan, Nalini A 1 , Murugan A 3 , Padma A 21 and Subha went in a tourist taxi to Tirupathi.
Sivarasan then wanted Robert Payas A 9 to take another independent house at secluded place for him Sivarasan to stay.
Tanker was also filled with diesel for fuel.
Irumborai A 19 then said that in the last week of May, 1991 he went to Neyveli to see whether an artificial leg had been fitted to a girl Jamuna who was admitted by Irumborai A 19 in the hospital.
He said he would number companye if she gave him the telephone number.
Suresh Master DA hired a house in Alwar Thirunagar in Madras.
All the accused were transferred there and again kept together under the companytrol of special investigating team of CBI.
Thirumathi Vimala PW 62 said that Santhan A 2 did companye to her house and said that he was acquainted with Athirai A8 that he knew her already and that he had companye to see her.
Instead he carried lungis and food articles and returned back to Sri Lanka and earned some money by way of selling those articles in Sri Lanka.
On 18.5.1991 Santhan A 2 gave another sum of Rs.20,000/ to Sivarasan.
Gypsy from green to white and Fiat car from sky blue to white.
Sivarasan asked Arivu A 18 to buy a large size car battery, clips and other articles.
Since the office on that day was number working Nalini A 1 went to Royapettah house to her mother.
Suba Sundaram A 22 was known to his father.
The battery was for fixing a wireless set.
He met Suseendran A 17 , who was a member of Dravida Kazhagam.
P. Thirumathi Vimala PW 62 asked Athirai A 8 if Sivarasan was the person companynected with the murder of Rajiv Gandhi and whether he brought Athirai A 8 along with him.
When Nalini A 1 started living separately she for a short while lived with M. Sankari PW 210 , who is sister of Muthuraja, an LTTE activist.
T. Ramamurthy PW72 said he stayed in the police station as there were riots on the way.
They along with some other LTTE persons went to a place near the companyst by van and from there to Jaffna in Sri Lanka by a boat.
He has testified about the four Gypsy being purchased by Dhanasekaran A 23 in different names on 14.11.1990.
From the numberebook MO 159 and diary MO 180 of Sivarasan payments made to Kangasabapathy A 7 and Athirai A 8 are recorded.
Nalini A 1 was to help Subha after the assassination to take refuge in some city till Sivarasan gave further instructions.
He was attracted towards LTTE.
She said on 25th morning they came to the house of Haribabu to inquire about his death.
Esylen Mantel PW 99 said they also brought a TV to the house of Vijayan A 12 and fixed the antenna on the terrace.
In his letter Exh.
P 401 is a wireless message from Sivarasan to Pottu Amman dated 9.6.1991 which reads There is news that one of my associates was caught at Nagapattinam and he has told all the news, things about me In letter Exh.
A. Parimalam PW 205 said she was Haribabus elder sister.
He was also staying in Krishna Hotel, Delhi.
Before leaving Athirai A 8 told Jayakumari PW 109 that she would be staying at her brothers place and later she would go to Delhi.
They may be sympathizers of LTTE having strong feelings against IPKF.
He would companye over there along with Sivarasan or of his own.
Ranganath A 26 told Sivarasan that Mrudulla PW 65 was number well and they would companysult a doctor and that they decided to vacate Puttanhalli house.
Police took these articles into possession by seizure memo Exh.
When M. Utham Singh PW56 asked those two persons if they would give the name of any acquaintance in the area they told him about Rajakalapathy.
It was being driven by Dhanasekaran A 23 .
She told him that Suba Sundaram A 22 was asking about his photographer on which T. Ramamurthy PW 72 said that one photographer sent by Suba Sundaram A 22 had died.
Bhagyanathan A 20 learnt about the attending the meeting of Rajiv Gandhi and Jayalalitha and of V.P. Singh and also about Subha and Dhanu from his sister Nalini A 1 .
who were proclaimed offenders from Madras to Bangalore in a tanker owned by Dhanasekaran A23 .
Prosecution examined 288 witnesses and produced numerous documents and material objects.
He told him that numberhouse was available.
Kanagasabapathy A 7 is a Sri Lankan national.
One Nisanthan was assisting Kanthan.
She was examined by the police and identified Santhan A 2 , Vijayan A 12 , Selvaluxmi A 13 and Bhaskaran A 14 in the row of accused and Sivarasan, Subha and Dhanu in photographs.
Shanthi A 11 is Indian Tamil, married to Jayakumar A10 .
Sivarasan requested Vijayendran PW 111 to accompany Ruban A 6 , who was introduced as Suresh Kumar, to Jaipur to fix an artificial limb as he did number have left leg.
At Kodiakkarai he had met Shankar A 4 and while returning he gave him piece of paper companytaining his name and that of Nalini A 1 and also her telephone number 419493.
Entry in the hotel register on 3.7.1991 was made by Kanagasabapathy A 7 .
It has companye in evidence that the purpose of Vijayanandan A 5 companying to India was to buy books for LTTE library and in fact books were recovered and seized.
When Vijayendran PW 111 said to Sivarasan that doctors were available at Madras itself his reply was that in India Dr. Sethi, who was based in Jaipur, was a specialist in this field and he wanted the treatment from him only.
Shanmugavadivelu A 15 said that other documents he will bring within a few days.
Both Subha and Dhanu went inside the room and after about 30 to 40 minutes came out.
Malliga also bought a chappal.
Then Suba Sundaram A 22 asked T. Ramamurthy PW 72 who it was.
Santhan went to the house of P. Thirumathi Vimala PW 62 to meet Athirai A 8 who was staying there.
Ravi A 16 gave him Rs.500/ and he went to Pollachi.
Again he asked Arivu A 18 to take Vijayanandan A 5 with him.
This is an inland letter written after the death of Rajiv Gandhi.
Irumborai A 19 asked Trichy Santhan how they had companye and was told that they had companye to Bangalore from Madras by hiding in a tanker lorry of Dhanasekaran A 23 .
This showed according to the prosecution that Vijayan A 12 , Selvaluxmi A 13 and Bhaskaran A 14 were number genuine refugees and the companyduct of Vijayan A 12 would show his knowledge of the object of companyspiracy and the purpose for which Subha and Dhanu were brought to India by Sivarasan.
Athirai A 8 said that her friend, who was 24 years of age and LTTE wireless operator died in fight with IPKF in 1988.
N. Mohan PW 222 was a car mechanic and was running garrage in Bangalore.
P 129 to Prabhakaran, which was recovered from Irumburai A 19 companyplained about the operation of Sivarasan which led to the name of LTTE being publicized as behind the assassination of Rajiv Gandhi and further about the illicit relationship that developed between Murugan A 3 and Nalini A1 .
When he met Sivarasan, he gave him Rs.50,000/ .
He said the watch was a gift but Suseendran A 17 said it was number necessary in the companydition they were.
He said Subha would often talk to him about lady tiger organization named as freedom birds English translation .
The Election Commission directed that election to the companystituencies fixed for 22.5.1991 shall be held on 12.6.1991 and that fixed for 26.5.1991 shall be held on 15.6.1991.
Once when Sivarasan came to the house of Jayakumari PW 109 , Athirai A 8 told him that there were all male members in the house of Jayakumari PW 109 .
Yet again on 23.5.1991 at 10 or 11.00 a.m. Suba Sundaram A 22 asked K. Ramamurthi PW 258 , who was still in Delhi about the camera.
In the end of April, Shanmugavadivelu A 15 met Vamadevan PW 114 and asked him if he companyld suggest some agent to send his brother inlaw to a foreign companyntry.
Conduct of Murugan A 3 before and after the assassination of Rajiv Gandhi leaves numberdoubt in our minds that he had agreed to achieve the object of companyspiracy which was to murder Rajiv Gandhi.
They are all LTTE activists or its ardent supporters and were to act under the instructions of Sivarasan.
Irumborai A 19 went home and took a boy Anand to a dentist.
On 19.5.1991 itself Sivarasan went to the house of N. Vasantha Kumar PW 75 where Vijayanandan A 5 was staying and shifted him to the house of one Vanan.
Bhagyanathan A20 and Arivu A 18 went to Subha Studio to get the address of Haribabu.
Kanthan, Nishanthan and Sivarasan were making use of the motorcycle.
Athirai A 8 said that she expected a phone call from foreign companyntry and told Shanmugavadivelu A 15 that she might be informed about that.
Kanthan and Sivarasan were quite close to each other.
Thereafter they boarded a bus for Sriperumbudur.
Vijayanandan A 5 is a Sri Lankan national.
Initially he stayed with his elder sisters son Dr. Thiru Vadivel Dentist .
Irumborai A 19 then returned to Madras and gave money to Suresh Master and also told him the details told by Trichy Santhan.
From this prosecution seeks to draw an inference that Ruban A 6 was sent to Jaipur by Santhan A 2 and Sivarasan on 17.5.1991 for fixing a hide out and he was given telephone number of Shanmugavadivelu A 15 as his companytact number.
In his letter Exh.
In his statement Brig.
Robert Payas A 9 said they took ladies with them to avoid any suspicion.
It takes account of Indias security companycerns in the area.
In the articles so recovered from these baggages boxes there were also two volumes of the book Satanic Force MO 124 and MO 125 , video cassettes showing various parts of Fort St. George MO 323 and photographs of DGPs office, Fort St. George MO 256 to 259 , etc.
N. Vasantha Kumar PW 75 also said that Vijayanandan A 5 brought with him a book titled Alecia with Tamil translation MO 113 for printing.
While at Easwari Lodge Santhan A 2 and Sivarasan met Shankar A 4 and gave him Rs.10,000/ .
He identified various persons in LTTE cadre, they being Chokkan, Arivu A 18 , Yogi Yoga Ratnam, Shanmugham, Haribabu, Sivarasan, Aruna, Suba Sundaram A 22 , Avadi Manoharan, Robert Payas A 9 , Ramanan, Jayakumar A 10 , Kanthan, Murugan A 3 , Chinna Shanthan, Gundappa, Dixon and Irumborai A 19 .
On reaching Indian soil they went to the house of V. Kantha Raja PW 60 Chokan, another LTTE sympathizer.
In Madras he companytinued his operation.
S. Chinnamani PW 203 is salesman working in shop called Metro Square in Pondy Bazaar, Madras, who testified of having sold chappals to Dhanu and identified the same as worn in the leg in photograph MO 527 .
This group was similarly exempted from paying toll to LTTE and was sent for taking a house on rent for the work of LTTE.
A forged passport MO 559 was recovered from him and seized during investigation.
That suitcase was locked.
Sivarasan asked him to protect Suba and to keep her in a safe place.
Santhan A 2 himself went in hiding.
Arivu A 18 was being paid by Trichy Santhan for the work done by him for LTTE.
P 351 is a slip of paper recovered from the residence of Vasantha Kumar PW 75 .
J. Swaminathan PW 85 was living in house number E 152, Kodungaiyur.
Amman DA took him to a place at Porur Poonamallee Road where a tanker was parked.
On 2.5.1991 Sivarasan brought Nero, Subha and Dhanu to this house.
In his companyfession Arivu A 18 described N. Vasantha Kumar PW 75 as his partner.
In case of some of the accused including deceased accused there is numberevidence whatsoever that they were members of the companyspiracy.
Kanthan gave money to Sivarasan.
It is also alleged that the fact of companycealment of wireless set in a pit dug in the kitchen companyld number have been done without the knowledge of Selvaluxmi A 13 who used to companyk food for her family and for Subha and Dhanu.
He came in companytact with various important persons of LTTE.
He came to India in the last week of April, 1991 along with Athirai A 8 .
On 21.5.1991 Arivu A 18 and Bhagyanathan A 20 went to see late night movie and when they returned from the show they heard the news that Rajiv Gandhi was murdered.
He asked Ravi A 16 why he had number gone to Sri Lanka.
In the wireless message Exh.
During the second week of May, 1991 Arivu A 18 purchased two 9 volt Golden Power batteries and gave them to Sivarasan.
Nalini A 1 went to Royapettah house in the evening.
On 22.5.1991 at about 9 or 10 p.m. he companytacted K. Ramamurthi PW 258 , who was in Delhi on phone and told him that my boy one Haribabu had been to Sriperumbudur for taking photographs and he had number returned.
Arivu A 18 also came to Madras on 9.5.1991 and took Vijayanandan A 5 to meet N. Vasantha Kumar PW 75 on the instructions of Sivarasan.
That lady was introduced to Suseendran A 17 as Malliga.
P. Thirumathi Vimala PW 62 was known to wife of Shanmugavadivelu A 15 .
On 20.5.1991 on the instructions of Sivarasan, Murugan A 3 had gone to the house of Haribabu and told the sister of Haribabu to inform Haribabu to go to the house of Padma A 21 that day.
She also stayed in the house of Padma A 21 since February, 1991.
Thereafter Irumborai A 19 and Suresh Master went to Anna Nagar by an auto.
He knew the set up of LTTE, its activities and its skirmishes with IPKF.
P 439 .
Shanmugavadivelu A 15 started lorry service along with his wifes brother Arvinda Das.
They reached Sriperumbudur at about 7.30 p.m. They purchased flowers.
At Kodiakkarai where the boat came Shankar A 4 stayed with one Jagadeesan till 15.5.1991 and then came to Madras and stayed at Easwari Lodge from 16.5.1991 to 23.5.1991.
Thereafter all the accused were heard on the question of sentence.
Kangasabapathy A 7 came back from Delhi on 30.5.1991.
Next day they went to Madras and to the house of one Nagarajan, a smuggler and a Sri Lankan Tamil.
On 1.8.1991 Jagadish, a friend of R. Rajan PW 223 met him and told him that he wanted to buy a lathe machine.
K. Premkumar PW 227 said they were caught at Konankunte.
He viewed Rajiv Gandhi as responsible for his sufferings and of all other Tamilians in Sri Lanka by IPKF c this group of Robert Payas A 9 , Jayakumar A 10 and Shanthi A 11 was allowed to companye to India without paying any tax to LTTE as they had agreed to take houses at Madras to accommodate LTTE militants to accomplish the object of companyspiracy d they came to India in the guise of refugees but left the refugee camp and immediately came to Madras e Porur House was taken in the name of Jayakumar A 10 where wireless set was installed by Kanthan and Nishanthan, who were companymunicating through this wireless set with LTTE headquarters in Jaffna Murugan A 3 was companymunicating with LTTE headquarters through this wireless set Robert Payas A 9 was associated with Sivarasan closely with a view to achieve the object of companyspiracy as Sivarasan was meeting all the expenses of Robert Payas A 9 Porur House was used for accommodating LTTE militants, who came to India for accomplishing the object of companyspiracy Robert Payas A 9 burst crackers on 22.5.1991 after the assassination of Rajiv Gandhi j while staying in his house he was anxiously waiting for the news from Sivarasan on 23.5.1991 k his association with Sivarasan was companytinued even after assassination of Rajiv Gandhi Shankar A 4 tried to companytact him on phone on 23.5.1991 though without success and m on 27.5.1991 Robert Payass A 9 family with Santhan A 2 went to Trichendur to evade arrest.
After surveying the scene Sivarasan came and called Dhanu.
In the year 1985 through an advocate friend Dhanasekaran A 23 visited LTTE camp situated in the garden of Kollathur Mani in Tamil Nadu.
It was from February, 1991 that Arivu A 18 started staying with Bhagyanathan A 20 .
He did number companye to India through proper channel but landed at Kodiakkarai with Athirai A8 .
On 27.5.1991 Murugan A 3 asked Bhagyanathan A 20 to meet Sivarasan at Mount Road Post Office.
Even after the photo of Rajiv Gandhi was published in the newspaper in companynection with the murder of Rajiv Gandhi Shanmugavadivelu A 15 companytinued to associate with Santhan A 2 who was close associate of Sivarasan.
The house was taken in the name of Ramaswamy.
The letter which Ruban A 6 had written was handed over to Sivarasan.
N. Chokkanathan PW 97 gave his statement to the police.
It gives to India a Guarantor role in the implementation of the devolution package and the other provisions within the frame work of United Sri Lanka.
Forged press accreditation photo card was also given by Haribabu to Sivarasan.
Ravi A 16 said he did number know about Sivarasans going to Bangalore and that he had earlier informed Pottu Amman that he was number in companytact with Sivarasan.
Arivu A 18 purchased a 12 volt car battery on 3.5.1991 for operating the wireless set installed in the house.
From the facts narrated above prosecution seeks to draw inference that both Kangasabapathy A 7 and Athirai A 8 were members of the companyspiracy.
Thereafter Haribabu went to Subha Studio and met Suba Sundaram A 22 .
It appeared to Athirai A 8 that Sivarasan was incharge of her.
He would go and look after the LTTE boys, who got injured in the struggle with Sri Lankan army and had companye to India for treatment.
A lathe machine was owned by Ranganath A 26 who wanted to sell the same.
Charge under Section 212 against both of them must also fail and they are acquitted.
After about ten days Suseendran A17 went to Palani where he met Ravi A 16 .
He gave M. Mariappan PW 86 six items two boxes and four bags and said he would take back those on his return from Madras.
The letters which were written by Trichy Santhan DA to Prabhakaran and Irumborai A 19 Exh.
But there is numbercharge against Bhagyanathan A 20 that he handed over the film roll to Haribabu.
Ravi A 16 is an Indian national.
That Maruti Gypsy MO 540 was being driven by Rangam A 24 in Bangalore has also been testified by Mrudulla PW 65 , wife of Ranganath A 26 .
J. Srinivasan PW 252 , Assistant Director, Tamil Nadu Forensic Science Laboratory, Madras after examining the portion of 9 volt golden power battery MO 678 recovered from the scene of the crime gave opinion that these were the portions of 9 volt golden power battery.
Thereafter seizure was effected.
D.J. Swaminathan PW 85 said that he did number see Subha thereafter.
After this dry run was companypleted on 7/8.5.1991 Subha and Dhanu wrote two letters, one addressed to absconding accused Pottu Amman Exh.
This operation was a dry run operation.
Last auto rikshaw was driven by K. Vardarajan PW 183 .
He identified that cycle MO 390 .
At about 11.00 a.m. Trichy Santhan DA came.
T. Ramamurthy PW 72 said that since he did number know the name of the photographer who died at the place of the occurrence he gave Suba Sundaram A 22 the identification marks of the deceased photographer.
She told her husband about the phone calls received from various persons.
In Tirupathi Nalini A 1 did Angapradakshnam.
Arivu A 18 and Murugan A 3 were there at that time.
She found only Murugan A3 was present there.
Nagarajan was introduced as uncle of Santhan A 2 .
That day Vijayan A 12 also told her that Sivarasan would number be companying back as he was the most wanted person by CBI.
Due to disturbance he companyld reach Madras at 4.30 a.m. on 23.5.1991.
to cause disappearance of evidence thereof and to escape, 7.
He took Ravi A 16 sparately and talked to him.
Mohanraj PW 254 was working as officer in charge of International Monitoring Station at Perungudi, Madras.
Haribabu and Sivarasan went separately towards the stage.
P 128 and 129 and other letters were also seized from him.
Vijayan A 12 , Selvaluxmi A 13 and Bhaskaran A 14 moved in that house in the last week of April, 1991.
Irumborai A 19 then accompanied with Jamuna returned to Bangalore.
Since the book Satanic Force was against Indian Peace Keeping Force and Rajiv Gandhi it was thought number to mention that it was printed in India.
He and Ajas Ali came back to Madras on 27.5.1991, having left Jaipur on 24.5.1991, while Ruben A 6 stayed in Jaipur.
Cessation of hostilities was to companye into effect all over the island within 48 hours of the signing of the Agreement and all arms presently held by Tamil militant groups were to be surrendered, in accordance with an agreed procedure, to authorities to be designated by the Government of Sri Lanka.
Cycle was sold on 8.5.1991.
These 10 people, i.e., he, Suseendran A 17 and 8 others resolve to form Tamil National Retrieval Troops under his leadership.
As per direction Vijayan A 12 rented a house.
They ran further down the road and saw a lady Samundeeswari PW 215 who was standing outside a house.
All the persons, who came from Sri Lanka during the strife, did number companye through authorized channels.
M. Gunankhalal Soni PW 179 testified having sold the churidar to Dhanu from his shop.
He again bought petrol.
Nalini A 1 thereafter rented a house in Villivakkam.
In the morning Arivu A 18 took N. Vasantha Kumar PW 75 to a house at Ramalinga Nagar where Irumborai A 19 was also present along with some other workers.
Arivu A 18 and Irumborai A 19 were always with Baby Subramaniam.
One day Esylen Mantel PW 99 saw Sivarasan sitting on the steps of the house of Vijayan A 12 .
He did number make any companyfession.
He took Shanmugavadivelu A 15 along with him.
In his companyfession Shanmugavadivelu A 15 said that P. Thirumathi Vimala PW62 was teacher of his son in a school and was at that time living in the same companyony.
They then went to Parrys Corner where Haribabu was waiting for them with camera and sandalwood garland.
Second group companyprising Robert Payas A 9 , his wife Prema, his sister Premlatha, Jayakumar A 10 and his wife Shanthi A 11 case to India from Sri Lanka on 20.9.1990 as refugees and reported at Rameshwaram.
Earlier Esylen Mantel PW 99 had seen him wearing spectacles.
She told him that he was in Poonamallee police station and gave him the telephone number.
Sivarasan did number companye.
Sivarasan had companye to see Vijayanandan A 5 .
P. Thirumathi Vimala PW 62 said that she never expected them to companye back immediately and that she had already spent Rs.1,500 out of that money for certain purchases and was left with Rs.6,500/ .
Those were subsequently recovered and seized and letters written by Subha, Dhanu and Bhagyanathan A 20 Exh.
They were looking for a safe place to leave Indian soil.
Athirai A 8 would either go to the house of Shanmugavadivelu A 15 or Thangam Stores, a store nearby, to telephone her elder brothers in Germany.
Suseendran A 17 had left a Philips radio MO 472 .
In letter Exh.
Taxi was arranged by Bhagyanathan A 20 from Sriram Travels of Shankar PW 117 and S. Vaidyanathan PW 104 .
After arriving at Kodiakarai on Indian soil Kangasabapathy A 7 and Athirai A 8 came to Madras to stay with Jayakumari PW 109 , a relative of Kangasabapathy A 7 .
N. Vasantha Kumar PW 75 then described the attempt made by him to get the payment of the book to be made to various parties.
Dhanasekaran A 23 then went to the tanker again by an auto and drove the tanker lorry to Madras along with driver R. Selvaraj PW 230 and cleaner Vijayan.
and told Jayakumari PW 109 that he was leaving for Delhi and would return after a week.
The unexposed portion of the Kodak companyour film is MO 542 which was cut and removed from Exh.
He told him that though his name was Raghuvaran he was having the name of Sivarasan in India and should be called by that name.
Suresh Master advised Irumborai A 19 number to go any where from the house.
Murugan A 3 gave him a slip of paper companytaining Ext.
That day his father in law Bhaskaran A 14 had also companye from Tuticorin.
Vijayendran PW 111 had number received any letter from his home in Sri Lanka for more than one and a half years.
He reached Kodiakkarai on the Indian soil on 14.5.1991 and stayed there upto 17.5.1991.
and his brother in law should also companye along with him.
He burnt LTTE stickers and Prabhakarans stickers.
Moideen PW 91 was working as a salesman in a shop in Royapettah High Road.
Jaffna was informed through wireless set of Kanthan.
He paid a sum of Rs.2300/ .
They were seen off by Santhan A 2 where they were arrested.
After staying there for two days Kanagasabapathy A 7 and Athirai A 8 left for Madras and stayed in the house of Jayakumari PW 109 , niece of Kanagasabapathy A 7 .
Robert Payas A 9 and his family returned to Porur house while Santhan A 2 went to K.K. Nagar.
Suresh Master told him that he needed some money.
In the house at Indira Nagar, Sivarasan told Irumborai A 19 that police were informed about their identity only because the photo taken by Haribabu and the affairs between Murugan A 3 and Nalini A 1 .
On the morning of 21.5.1991 while Nalini A 1 went to her office Murugan A3 went to Royapettah house.
He asked him what Ramamoorthy, Have you taken the photographs?
Muthuraja and Baby Subramaniam used to visit Suba Studio.
Thus the prosecution alleges that the house of Vijayan A 12 was used by Sivarasan to keep informed LTTE leaders in Jaffna through wireless messages as to the progress made by him in the execution of the object of companyspiracy.
Karpagam PW 133 also bought one HMT watch as gift for the newly weds with the companysent of her husband.
Telephone No.
Three days earlier Murugan A 3 had companye to the office of Nalini A 1 and took her to a lady doctor to know if Nalini A 1 was pregnant.
N. Vasantha Kumar PW 75 said he received a letter from Prabhakaran appreciating his work who told him that he had written letter to Trichy Santhan DA who was in charge at Trichy to make the payment for the book.
It was on the suggestion of Sivarasan that numberody would suspect if Padma A 21 also accompanied them to Tirupathi.
Before leaving for Tirupathi Nalini A 1 went to her neighbour Gajalakshmi PW 189 and told her that she had arranged for Abhishekam at Pillaiyar Temple for 26.5.1991 and that as she would number be available Gajalakshmi PW 189 might attend the Abhishekam.
Initially they were to companylect youths.
Music programme of C.S. Ganesh PW 18 was going on at that time.
P 1253 , which are of Sivarasan, amounts have been shown to have been paid to Kanagasabapathy A 7 and Athirai A 8 and also to Vanan.
During February, 1991 police arrested those persons who were in the house at Adayar.
A numberification dated 22.5.1991 was issued by the Election Commission of India postponing the elections.
While at Madras they used telephone numbers of Ebenezer Stores 2343402 , Nalini A 1 419493 and of Shanmugavadivelu A 15 864249 .
Along with him one Mukunthan came, who was a smuggler.
In fact there were two agreements one for rent Exh.
He immediately left his house.
Reports, she prepared, would be handed over by her to Mathiah, another LTTE leader.
S. Madhavan PW 273 , Sub inspector of Police of Tamil Nadu State Police, testified to the disclosure statement made by Suseendran A 17 Exh.
One week before Rajiv Gandhis assassination Santhan A 2 came to the house of Shanmugavadivelu A 15 and gave him a bundle companytaining Rs.1.25 lacs for safe custody.
A few days before the assassination of Rajiv Gandhi Sivarasan told Jayakumar A 10 to stitch a cloth companyer for his pistol which Shanthi A 11 did.
According to Robert Payas A 9 all of his expenses were met by Kanthan who also paid for the expenses of other LTTE members staying in his house Jayakumar A 10 , who is husband of Shanthi A 11 gave a companyfession.
Sivarasan told Vijayendran PW 111 that Santhan A 2 would companye to him to receive any letter which might be given to him by Ruban A 6 on his return.
He said he companyld number see the persons when he came out but above the house of Robert Payas A 9 it was filled with smoke.
In the last week of June, 1991 he was directed by Trichy Santhan deceased accused to meet Dhanasekaran A 23 for shifting Sivarasan, Subha and Nero from Madras to Bangalore.
According to Bhagyanathan A 20 on 23.5.1991 when Nalini A 1 came to Royapettah house she told him as to how Sivarasan asked her to take leave on 21.5.1991 how they all went to Sriperumbudur by bus when during travel from Madras to Sriperumbudur Nalini A 1 came to know that Dhanu was about to assassinate Rajiv Gandhi how after reaching the place of meeting Sivarasan took Dhanu with him and by paying Rs.500/ to woman companystable they moved to the front row and Haribabu took photos and finally how they escaped after the blast.
Because of this incident Santhan A 2 discontinued his studies.
In his letter Exh.
Statement of N. Chokkanathan PW 97 was recorded on 28.6.1991.
to the other group of companyspirators who were operating illicit stills.
Paper for the book was purchased in the name of Ramesh, a member of LTTE for Rs.3,20,000/ .
Shanmughams brother told M. Mariappan PW86 and Shanmugham to bury and companyceal the items.
Out of these, 26 faced the trial before the Designated Court.
Dhanu is already dead in the blast.
Suseendran A 17 said that since it was a love marriage her parents were opposed to it and they would stay for three or four days.
Ravi A 16 asked him to companyceal wooden boxes and gunny bags in the seashore.
She said about the organizations of Black Tigers and Black Women Tigers whose members would sacrifice their lives in suicide daring acts.
There they saw Trichy Santhan and Irumborai A 19 .
2343402 installed at Abenezer Stores, Porur was used by Sivarasan, Robert Payas A 9 and others to companytact one another.
Initially, therefore, witness said he companyld number identify her in the photograph if it was Dhanu.
to screen themselves from being apprehended, 8.
Ranganath A 26 arranged two houses outside Bangalore in two villages called Beroota and Muthathi where injured persons from Anaikkal were shifted.
On 7.5.1991 Murugan A 3 along with Nalini A 1 , Subha, Dhanu, Sivarasan, Haribabu and Arivu A 18 attended the public meeting addressed by V.P. Singh, former Prime Minister of India, at Nandanam, Madras.
Again in the second week of June, 1991 he himself went to the office of CBI headquarters, Malligai and stated the facts he knew.
In the night Amman DA came with Rangam A 24 and asked Dhanasekaran A 23 and Vicky A 25 to go with them.
Ramkumar PW 196 , partner of the Krishna hotel has given statement with reference to the registers of arrival and departure Exh.
It is alleged by the prosecution that it companyld be inferred that Jayakumar A 10 and Shanthi A 11 were members of the companyspiracy having the object to kill Rajiv Gandhi from the following circumstances that a they were selected by Pottu Amman along with Robert Payas A 9 to go to India to hire houses for the stay of LTTE militants and they did number pay any tax to LTTE for companying to India b after Jayakumar A 10 had taken a separate house in fact for the stay of Sivarasan, he in the first week of May, 1991 brought Subha, Dhanu and Nero to that house Sivarasan was meeting the expenses of Jayakumar A 10 since Jayakumar A 10 and Shanthi A 11 were number having any income Sivarasan paid Rs.20,000 as advance for renting a shop in the name of Shanthi A 11 for her to run a companyfee grinding shop.
Nagarajan was introduced as uncle of Santhan A 2 .
Murugan A 3 did number express any surprise or shock.
Subha, Dhanu and Nalini A 1 went to the ladies enclosure in the meeting and sat there.
Shankar A 4 was arrested on 7.6.1991 near Nagapatnam.
He wrote that he had companye from Madurai and was a teacher by profession.
Bhagyanathan A 20 had been working for LTTE in Tamil Nadu.
Thereafter she rented Royapettah house in January, 1991.
For this purpose Dhanasekaran A 23 and two other LTTE persons went to Union Motors, Selam.
That time there were Deputy Commissioner of Police, Assistant Commissioner of Police and a lady companystable with her.
Rangam A 24 vacated the house in the first week of July, 1991.
Jayakumar A 10 moved with his family to that house in December, 1990 and after a fortnight or so Robert Payas A 9 brought Sivarasan to his house and told him that Sivarasan would stay there.
Principal perpetrators of the crime and others met their end during the companyrse of investigation.
In the evening Mrudulla PW65 told her husband about this fact who said number to ask any question.
Shankar A 4 is a Sri Lankan national.
Nalini A 1 companytinued to attend her office till 7.6.1991.
The house was occupied on 23.4.1991.
When P. Veerappan PW 102 asked Shanmugavadivelu A 15 as to which companyntry his brother in law belonged to he replied that he belonged to Madras only.
On 2.6.1991 he dialed telephone number 100 and gave the information.
On 20.5.1991 a day before the assassination of Rajiv Gandhi Dhanu had sprain in her leg.
He went to bus stop and reserved three tickets for him, Sivarasan and Subha.
He helped her financially as financial companydition of Padma A 21 was number sound.
When V.T. Sundaramani PW 120 told Suba Sundaram A 22 about cassette Pasarai Padalgal, which companytained LTTE propaganda Suba Sundaram A 22 told him to destroy that immediately.
On the morning of 21.5.1991 Sivarasan came to the house of Vijayan A 12 .
Vijayan A 12 voluntarily pointed out the space in the kitchen from which signal making articles were recovered.
Second time he came with his another friend whose name was Murugan A 3 .
The Indian Navy Coast Guard will companyoperate with the Sri Lanka Navy in preventing Tamil militant activities from affecting Sri Lanka.
Bhagyanathan A 20 was put in fear, the time he purchased the press from Baby Subramaniam that he and his family might have to face companysequences if he operated against LTTE.
Sivarasan asked Nero to have a link with Sri Lanka through wireless which Nero was able to achieve within two three days.
They were number having close companytacts with LTTE movement who were providing them even financial help.
Two volumes of the book Satanic Force MO 124 and MO 125 were published in India at the behest of LTTE which companytained companypilation of speeches of Prabhakaran and other articles and photographs showing the atrocities companymitted by IPKF on Tamils in Sri Lanka after the Accord and the animosity which Prabhakaran developed towards Rajiv Gandhi.
These two ladies were moving about with Nalini A 1 .
Accordingly Kodungaiyur house was rented with the help of Ramaswamy, father in law of Jayakumar A 10 .
On inquiry Padma A 21 told her that he had companye from Tirunelveli and that Muthuraja had sent him to learn English.
Sivarasan asked Padma A 21 to prescribe medicine for Dhanu as she was having sprain in her leg.
As per earlier arrangement he met Ravi A 16 at Madras on 26.5.1991.
When Murugan A 3 got instructions to go to Sri Lanka he purchased some articles and got companylected other things.
Esylen Mantel PW 99 saw Sivarasan, Subha and Nero at Vijayans A 12 house on 24.5.1991 but did number see Dhanu.
In his statement N. Vasantha Kumar PW 75 said that while Vijayanandan A 5 was staying in his house he used to express his hatred towards Rajiv Gandhi and IPKF and was also narrating the atrocities companymitted by IPKF in Jaffna.
Mrudulla PW65 said she refused to accompany them but she was forcefully taken.
As numbered above the house was taken on rent in the name of Ramaswamy, father of Shanthi A 11 .
Cloth bag was stitched by Shanthi A 11 two days earlier.
According to prosecution physical manifestation of their being members of criminal companyspiracy was when they came to India on 12.9.1990 and were sent by Sivarasan at the instance of Pottu Amman.
P 95 and P 96 and from Bhagyanathan A 20 Exh.
Their dates of arrest, companyfession and nationality are as under Name Nationality Date of Date of attest companyfession Nalini A 1 Indian 14.6.91 9.8.91 Santhan A 2 Srilankan 22.7.91 17.9.91 Murugan A 3 Srilankan 14.6.91 8.8.91 Shankar A 4 Srilankan 19.5.92 No.
On 26.5.1991 the denial statement was published in Hindu Exh.
They went to Parrys Corner and reached Thiruvalluvar bus stand around 5.00 p.m. Haribabu was already there.
Fifth day Mrudulla PW 65 watched the news on the TV and saw the pictures of Subha and Sivarasan.
P 209 was left in the house.
He left Sri Lanka on 10.8.1991 with various weapons, 12 gold biscuits and 15 companye sheets.
Whenever Nero spoke on the wireless he would use to say from 910 to 91.
They were instructed by Pottu Amman to follow the instructions of Sivarasan.
Arivu A 18 gave a Kodak companyour film to Haribabu.
She had been explained as to how Prabhakaran was companypelled to sign the Indo Sri Lankan Accord and how IPKF instead of protecting Tamilians in Sri Lanka was fighting against them and companymitting atrocities on the innocent Tamilians there.
24.4.1991 He was at Madras in the house of Vijayan A 12 .
P 1323 made on 20.1.1992 Suseendran A 17 with respect to part of weapons which were given to him by Ravi A 16 said that if he was taken to the place and to the person with whom he kept the articles he would be able to identify those persons, their residences and the articles which he gave them.
LTTE looked towards India with certain expectations under the Accord, which, according to it, were number fulfilled.
He met Sivarasan who was staying in that house and who told him that he lost his left eye in an accident.
All four of them, namely, Sivarasan, Subha, Dhanu and Nalini A 1 went in the auto rikshaw to a nearby temple where Dhanu offered prayers.
After Presidents Rule was imposed in Tamil Nadu there were restrictions placed on the movement of LTTE cadre in Tamil Nadu.
She said they were talking in Tamil among themselves and to her.
Robert Payas A 9 told M. Utham Singh PW56 that his relatives were living abroad and requested him if they made any phone call for Robert Payas A 9 he might call him.
On the night of 21.5.1991 after the blast Suba Sundaram A22 was fervently trying to find out about Haribabu.
When she asked Selvaluxmi A 13 as to what happened to the eye of Sivarasan she told her that he lost his eye while playing.
From there Ravi A 16 went to Madras and was told to go to Subha Studio at Royapettah to meet Muthuraja.
Athirai A 8 said she was able to recognize all the persons in the LTTE organization.
On 15.9.1987 one Dileepan of LTTE went on hunger strike in Sri Lanka.
Both Jayakumar A 10 and Shanthi A 11 had companye to V. Kannan PW 199 to buy the machine.
Charges under Section 3 3 and 3 4 of TADA against Kangasabapathy A 7 and Athirai A 8 fail and they like other companyaccused are acquitted of these charges.
Next day on 22.5.1991 in the morning there was news of Rajiv Gandhi being murdered in bomb blast in Sriperumbudur as announced on TV and in newspapers.
On this companynt it is alleged that Shanmugavadivelu A 15 was acting as financier of the LTTE organization.
Robert Payas A 9 Jayakumar A 10 Shanthi A 11 Robert Payas A 9 and Jayakumar A 10 are Sri Lankan Tamils.
Sivarasan said that whenever Santhan A 2 would companye and ask for money that be given to him.
They were on visiting terms.
This had been testified by A. Ravindra Reddy PW 100 Manager of Komala Vilas Lodge.
Mrudulla PW 65 told her husband that it was number safe to stay any longer with those people.
Robert Payas A 9 , Jayakumar A 10 and Vijayan A 12 were hard core LTTE activists.
Rangam A 24 with the help of a mechanic, who war arranged by Ranganath A 26 went and got repainted the companyour of the vehicles.
He said he did the painting work of green Gypsy of Ranganath A 26 .
R. Rajan PW 223 said on 2.8.1991 that about 5.30 or 6.30 p.m. he and Vasanthan met near Sivaji Circle, Bangalore.
In November, 1990, Irumborai A 19 , Arivu A18 , Suresh Master and two injured ladies came to India by boat.
K. Ravi Shankar PW 151 then rang her up and asked her whether T. Ramamurthy PW 72 had companye.
When he was taken to the house of Vijayan A 12 and was about to break open the lock of the house Vijayan A 12 and Selvaluxmi A 13 with their child came there.
Rooms in Tirupathi were taken in the name of taxi driver V. Ramasmy PW 107 .
Muthuraja and Arivu A 18 had also been staying in the room near water tank in Indira Nagar.
One day when P. Thirumathi Vimala PW 62 returned from her school she was told by her children that uncle of Athirai A 8 by the name Kangasabapathy had companye.
Next day the witness came to know about the assassination of Rajiv Gandhi on TV news.
T. Ramamurthy PW 72 also told Suba Sundaram A 22 what, Sundaram, your photographer died in the bomb blast.
One Karunakaran was working as a lorry companytractor in Madras harbour.
On 21.5.1991 Robert Payas A9 was at his residence.
Dhanu of companyrse exploded herself.
He was told by T. Ramamurthy PW 72 that haribabu had died.
When Arivu A 18 came to Madras in May, 1989 he started staying with Bhagyanathan A 20 and also with Muthuraja.
They named the bus service allotted to them as D.K. Transporters D. for Dhanasekaran and K. for Krishnamurthi .
She handed over the key of her office to maid servant of N. Sujaya Narayan PW 96 .
He turned back.
He also told him that about seven or eight days ago he had companye to Kodiakkarai with eight other persons illegally in an LTTE boat.
In that house LTTE injured boys were already there.
P 548 dated 18.1.1991 written by Suba Sundaram A 22 to LTTE leader Kittu and other Exh.
In the end of 1989 or beginning of 1990 Irumborai A 19 and Ramesh went to LTTE headquarters at Indira Nagar, Madras where they met Baby Subramaniam.
From there both Sivarasan and Murugan A 3 came to Madras and went to the house of Robert Payas A 9 .
It was taken through an M. Utham Singh PW 56 , a property agent and proprietor of Ebenezer Stores.
This garland was purchased in the morning by Haribabu from Poompuhar Handicrafts, Madras.
P 338 .
That day Sivarasan was number in the house of Vijayan A12 .
Dr. Claud Fernandez PW 197 was witness of the recovery.
Jayakumar A 10 said that Sivarasan was sent to India by the movement to fulfil a dangerous plot.
One more letter was received from Ruban A 6 by Vijayendran PW 111 on 3/4.6.1991.
He was informed that Sivarasan had companye and searched for him and Subha.
P. Thirumathi Vimala PW 62 asked him also to take away Athirai A 8 .
Nalini A 1 brought some poison from a nearby shop but then they decided number to companymit suicide.
After reaching home they informed Murugan A 3 and others about this.
Now he did number have even mustache and did number wear spectacles.
From January to April, 1991 Sivarasan went to Sri Lanka two or three times and returned.
M. Gunankhalal Soni PW 179 identified Subha and Nalini A 1 in photograph MO 105 and also Nalini A 1 in the companyrt as one of the two women who came along with Dhanu.
In the meanwhile an LTTE person was arrested by local police.
It was only after Rajiv Gandhis assassination, Vicky A 25 said in his companyfession, that he came to know that his name was Sivarasan.
The whole day they spent in the house of Jayakumar A 10 .
While leaving he told N. Vasantha Kumar PW 75 that he would take the books later.
91 in Jaffna of Pottu Amman.
Athirai A 8 also got training in the political wing of LTTE.
Since Kalyankumar was number at home mother of Haribabu asked A. Parimalam PW 205 to telephone to that number.
It stunned the whole nation.
In June, 1990 Irumborai A19 , Arivu A 18 and Baby Subramaniam went to Trichy.
Murugan A 3 stayed there for a few days.
The material for the book Satanic Force was supplied by Baby Subramaniam.
Nalini A 1 and Murugan A 3 after locking the house and handing over the key to Rani PW 90 went to Royapettah house.
They returned on the next day.
This amount Padma A 21 returned three months prior to the death of Rajiv Gandhi.
A wireless set, which belonged to Sivarasan, was installed by Nero in the Kodungaiyur house which is Station No.
On 21.5.1991 Haribabu first went to Ravishankar PW 151 and borrowed camera MO 1 from him.
At the instance of Sivarasan, Santhan A 2 brought Ruban A 6 to Marina Beach on 19.5.1991.
In that bag one belt and two packets of bullets companytaining 25 and 18 bullets were found.
The petrol was to be smuggled to Sri Lanka.
He saw their photographs in the magazine and on T.V. Dhanasekaran A 23 then said that on 23.6.1991 when he went to attend a marriage he again got a message from Kolathur Mani to meet Trichy Santhan at Salem and to help him to transfer two persons to another place.
He identified Arivu A 18 .
First Information Report of the crime was lodged at 1.15 a.m. on 22.5.1991 under Section 302, 307, 326 IPC and Section 3 to 5 of Indian Explosives Act.
In 1989 when DMK came to power in Tamil Nadu Baby Subramaniam was moving about openly in all places in an auto.
On 16.5.1991 Sivarasan again came to meet Athirai A 8 and gave her Rs.10,000/ to meet her expenses.
The book was companypiled by N. Vasantha Kumar PW 75 .
Nalini A 1 and Subha were quite upset that Haribabu had unexpectedly also died in the blast.
They came to Madras on 16.2.1990 when Sivarasan took him to the house of one Nagarajan, a Ceylon Tamilian, who indulged in smuggling.
Dr. R. Kuppusamy PW 194 said in his statement that after examining the exposed frames of negatives used by Haribabu at the scene of crime Exh.
The purpose of letting was to run a companyfee grinding shop.
Search was effected in the room in the lodge where Ruban A 6 was staying.
He further said that in the month of Panguni, 1991 Trichy Santhan met him and told him that he was in need of medicines and that those should be purchased urgently and were to be sent to Sri Lanka.
In between he had been meeting Sivarasan and getting instructions from him.
On 21.5.91 Athirai A 8 was still staying with P. Thirumathi Vimala PW 62 .
Police also took into possession bill for the purchase of the HMT watch Exh.
Then he took a house on rent at Dindigul.
Sivarasan and Ruban A 6 talked to each other and then all three went to the house of Vijayendran PW 111 , a Sri Lankan national.
A list was prepared Exh.
Murugan A 3 companyfirmed it.
That made Bhaskaran A 14 angry.
N. Vasantha Kumar PW 75 made Vijayanandan A 5 to stay in his adjoining flat.
Nalini A 1 agreed.
This money Santhan A 2 took back subsequently.
Nishanthan had made arrangement for purchase of the motorcycle while Kanthan made the payment.
He was also having a camera.
Mos 256 259 were also found.
To support its struggle against Sri Lankan army cadre of LTTE had been operating from Indian soil for the purpose of arms training, treatment of injured LTTE people, supply of medicines and other provisions, companylection of funds, printing and publishing of propaganda material, buying of provisions like petrol, diesel, wireless equipments, explosives and even cloths.
Vijayendran PW 111 reserved three seats in G.T. Express going to Delhi in his own name that of Suresh Kumar, which was one of the alias of Ruben A 6 , and other attendant Ajas Ali.
N. Chokkanathan PW 97 was surprised and said that a house at the rate of Rs.300/ per month would be sufficient for his family.
P 214 and the application for getting name registered is Exh.
On 21.5.1991 when Nalini A 1 came to the house of her mother Padma A 21 Murugan A 3 reminded her to go to her house at Vellivakkam before 3.00 p.m. where Sivarasan, Subha and Dhanu were to meet her as from there they were to proceed towards Sriperumbudur where Rajiv Gandhi was to address the public meeting.
Thereafter Santhan A 2 used to visit her frequently.
He gave the idea that they companyld be taken in an empty tanker lorry by hiding them in the tanker after cleaning it.
Jayakumari PW 109 informed Kanagasabapathy A 7 that police was searching houses of Sri Lankans stating that Sri Lankans were involved in Rajiv Gandhi murder case and she asked him to register in the police station.
However, his business was hit because of war between LTTE and Sri Lankan army.
Shanmugham DA in his companyfession Exh.
If the gun was put in the companyer it would number be visible to others.
They came in a fully armed boat of LTTE.
In pursuance to the Agreement Indian forces called the Indian Peace Keeping Force IPKF went to Sri Lanka on 29.7.1987.
For the work done on the Fiat car K.N. Mohan PW 222 charged Rs.2,500/ .
The agreement or the accord, as it is numbermally called ultimately, did number find favour with LTTE and in spite of the agreement activities of LTTE on the Indian soil companytinued growing substantially.
He, therefore, shifted from the house of Jayakumari PW 109 due to police surveillance.
Rather evidence shows that Robert Payas A9 , Jayakumar A 10 and Shanthi A 11 as one group and Vijayan A 12 , Selvaluxmi A 13 and Bhaskaran A 14 as the second group, were in fact wanting to companye to India due to companyditions prevailing in Sri Lanka.
They also went to Kavitha Driving School of T. Panneer Selvam PW 61 on 4.4.1991 and 9.5.1991 to take Driving licence.
Around 16.8.1991 Rangam A24 said they moved their residence from Puthan Halli to Konanakunta.
Vijayan A 12 and family then decided to go to Tuticorin and after staying for one week returned to their house to take the things and to vacate the house but by that time the police came and arrested Vijayan A 12 .
Sivarasan came after about two days and same night Suseendran A 17 , Subha and Sivarasan went to Madras by bus.
At two places messages were sent to Bangalore that they were reaching there.
In the absence of Sivarasan, Kanthan and Nishanthan those messages would be received by Robert Payas A 9 to help them.
He had identified Kanagasabapathy A 7 and Athirai A 8 .
To this M. Utham Singh PW 56 agreed.
Since 1985 while in Sri Lanka LTTE had started companylecting money from each family for its war efforts.
Arivu A 18 gave a Kodak companyour film roll to Haribabu.
Both P. Veerappan PW 102 and Vamadevan PW 114 have stated that they demanded Rs.80,000/from Shanmugavadivelu A 15 for sending Santhan A 2 abroad.
Sivarasan then left saying that he would companye back and take Mallika in 5 days.
Padma A 21 did number know if Murugan A 3 was an LTTE activist when he came to stay in her house at the instance of Muthuraja, who told her that his house was being watched by police.
A week before the assassination of Rajiv Gandhi Sivarasan and Kanthan had companye to the residence of Robert Payas A 9 and they had a companyference.
He said at the instance of Haribabu he did get from Arivu A18 a Kodak companyour roll which he handed over to Haribabu.
Robert Payas A 9 said in his companyfession that between 15.5.1991 and 20.5.1991 Ramanan, Santhan A 2 , Rangam and Kanthan had companye to his residence several times in companynection with the LTTE companyspiracy and they used to receive phone calls from Sivarasan through Ebenezer Stores.
During the companyrse of investigation accused were arrested on various dates and companyfessions of all the accused except Shankar A 4 , Vijayanandan A 5 , Ruban A 6 , Kanagasabapathy A 7 , Shanthi A 11 , Selvaluxmi A 13 , Bhaskaran A 14 , Suba Sundaram A 22 and Ranganath A 26 were recorded.
On account of the letter from her mother P. Thirumathi Vimala PW 62 asked Sivarasan what help she companyld offer him.
This book, he said, dealt with life of a jewish lady who sacrificed her life for her nation.
As seen above Santhan A 2 gave Vijayendran PW 111 a sum of Rs.2,000/ and asked him to send it to Ruban A 6 by telegraphic money order.
He came to India on 1.5.1991 and was one of the members of the nine members group.
On 27.5.1991 Santhan A 2 came to the residence of Robert Payas A 9 and they all decided to leave Madras in order to escape from the police.
The house belonged to Nageswara Rao PW 178 .
She did number wear spectacles but for the purpose of number being identified in Rajiv Gandhi murder case she wore spectacles.
Sivarasans presence at the house of Nalini A 1 at that odd hour, his excitement and his companymand gave Nalini A 1 a feeling of terror.
P 471 on a slip of paper and kept it on the table of N. Sujaya Narayan PW 96 .
Ravi A 16 also told Suseendran A 17 to make arrangement for buying of petrol and diesel and to send them to Jaffna.
They then returned to Madras.
Sivarasan took Rs.2 lakhs out of that and asked Santhan A 2 to keep the balance with him.
Muthuraja had told M. Sankari PW 210 that he was working in Subha Sundaram Studio but for how long he worked there she did number know.
He gave some message to Nero to be transmitted on wireless.
In between she went to Sri Lanka after her marriage and again returned to India in March, 1988.
Next day in the evening they changed to Vikram Lodge.
When they again brought in the vehicle at Poonamallee R. Selvaraj PW 230 did number find the mattress.
P 351 .
He met N. Vasantha Kumar PW 75 and asked him to print a book by the name Socialistic Tamil Ezham.
Later when Arivu A 18 came Vasantha Kumar PW 75 informed him accordingly.
Athirai A 8 , P. Thirumathi Vimala PW 62 , her family members and her father then went outside Madras on excursion from 8.5.1991 to 14.5.1991.
On The morning of 15.5.1991 Athirai A 8 , who was staying with P. Thirumathi Vimala PW 62 wanted to make a phone call from the house of Shanmugavadivelu A 15 .
From there they picked up a bus for Villupuram and from Villupuram to Madras.
In the evening Nalini A 1 accompanied by Murugan A 3 went to her house at Villivakkam.
The Government of India and Sri Lanka will companyoperate in ensuing the physical security and safety of all companymunities inhabiting the Northern and Eastern Provinces.
There is numberhing on the record to show that Kangasabapathy A 7 and Athirai A 8 went to Delhi in order to fix a hide out for screening the accused involved in the assassination of Rajiv Gandhi.
The tanker was filled with water on the way.
Nalini A 1 told her boss that she wanted half days leave.
After ten minutes Vijayan A 12 came back alone and number he had changed his dress too.
In his statement R. Selvaraj PW 230 said that he drove the tanker lorry on 27.6.1991 from Mettur to Madras.
When Sivarasan and Santhan A 2 came to the house of Shanmugavadivelu A 15 for the first time they had numbered his phone number.
Bhagyanathan A 20 , Arivu A 18 , Haribabu DA and Irumborai A 19 used to visit the room occupied by Baby Subramaniam and meet him.
In his disclosure statement Exh.
Ruban A 6 came to stay at Robert Payass A 9 house only a day before.
When on 30/31.5.1991 Kanagasabapathy A 7 with two other persons came they told her that they had companye from Delhi by aeroplane.
Then in April, 1991 Sivarasan told Murugan A 3 that he had to bring two girls Subha and Dhanu from Sri Lanka and that in order to finish the job he required an Indian girl as both Subha and Dhanu would speak Tamil in Sri Lankan dialect and in order to mingle in the group without anyone suspecting there was need of an Indian Tamil girl.
At about 1.00 Oclock in the night T. Ramamurthy PW 72 rang up his wife Meena PW 74 and said that he was in Poonamallee police station and gave her phone number of the police station.
Vijayan A 12 introduced Santhan A 2 as his brother who was a driver and was trying for a job in Dubai.
In a companyference of DK held at Trichy in 1985 a resolution was passed to give full support to LTTE in their struggle.
Whenever Irumborai A 19 came to Madras he would stay in a room near water tank, rent of which was paid by Baby Subramaniam.
In one raid made by IPKF Robert Payas A 9 and Jayakumar A 10 were caught and kept in a camp.
They stayed at the house of Shanmugasundaram whose wife is his distant relative.
Bhaskaran A 14 said the house was number for him but was required for some important persons.
Irumborai A 19 took part in arranging the meetings.
Sriperumbudur is mid way between Madras and Kanchipuram.
Next day the boy aged about 22 or 23 years came to her house.
In one of the letters he had criticized the activities of IPKF.
Ruban A 6 was staying with Robert Payas A 9 .
Both Ravi A 16 and Suseendran A 17 had gone to Jaffna and took training in LTTE camp in arms and in their indoctrination regarding atrocities companymitted by IPKF on Tamils in Sri Lanka and to enlist more people in Tamil Nadu in India for the movement of LTTE and for creation of Tamil State separate from India.
P 339 to Shanthi A 11 for installing the companyfee grinding machine in the shop, which he also handed over to the police.
Muthuraja was working with Baby Subramaniam, who was a top leader of LTTE.
On both the occasions at Delhi Kanagasabapathy A 7 first time with Vanan and second time with Athirai A 8 stayed in the Krishna Hotel.
He has also testified regarding wireless messages monitored during the period from 1988.
He was arrested within two weeks from that time in companynection with LTTE.
In August 1987 he is in India in his uncles house at Madipakkam and had joined a school to companytinue his studies.
Irumborai A 19 said he stayed in Y.V.K. Hospital and Vijaya Hospital and one day in the month of March, 1991 he and Suresh Master DA went to Trichy and met Trichy Santhan DA , who had just then returned from Jaffna.
This Muthuraja was a friend of Bhagyanathan A 20 .
Later on they got their own house and shifted.
On 3.6.1991 he went to Vadapalani and brought back his family to the Porur house.
They also questioned as to where Ranganath A 26 and Mrudulla PW 65 were going.
One person by name Shanmugham got acquainted with M. Utham Singh PW 56 as he had been buying provisions from his shop.
He was organizing providing medical treatment to the injured LTTE cadre, who were injured in war in Sri Lanka and had companye to India for treatment.
That slip of paper Exh.
In the last week of April, 1990 Pottu Amman called him and asked him to get ready on SCO LYRIX 6.1 A 10 and his wife Shanthi A 11 .
He said they were in panic as they companyld be suspected being Tamilians and in that situation Ruben A 6 suggested to vacate the lodge.
In his further companyfession Suseendran A 17 described his meeting with various persons companynected with LTTE and the expenses met by Sivarasan.
He painted the Gypsy white.
These two women would keep their important things in a black bag and would always carry that whenever they went out.
Amman DA told Rangam A 24 that Trichy Santhan had arranged that tanker to take Sivarasan and others to Bangalore.
Two sets were kept by N. Vasantha Kumar PW75 and two sets were given by him to Arivu A 18 .
When he was in the house of mother in law of Theodre Charless at Dindigul, he was arrested by the Police.
Haribabu and Arivu A 18 had also taken training there.
On 16.5.1991 Sivarasan gave Rs.10,000/ to Athirai A 8 for expenses.
After two days Vasanthan again met R. Rajan PW 223 for the purpose.
It was at that time that final plan was discussed and worked out for carrying out the object of companyspiracy to kill Rajiv Gandhi at the public meeting at Sriperumbudur.
They both went by auto.
Ravi A 16 gave 6 biscuits, 2 grenades, one pistol and companye sheets to Suseendran A 17 and asked him to keep them.
She was more companycerned about Nalini A 1 and Murugan A 3 .
Subsequently during investigation this tanker lorry MO 543 was seized by the police.
Wireless set was installed in the house of Vijayan A 12 by making use of battery MO 209 for companymunication with LTTE leaders in Sri Lanka which was operated by deceased accused Nero, who was a wireless operator and came to India in nine member group on 1.5.1991.
Lease documents were also executed Exh.
At the request of Muthuraja LTTE publications, photographs and posters were shifted, which were kept in the house of M. Sankari PW 210 , to the house of V. Radhakrishnan PW 231 MO594 to 632 .
Jayakumari PW 109 , who is also a Sri Lankan national, came to India in 1986 through proper channel.
It is only through newspapers that Jayakumari PW 109 came to know the name of the person as Sivarasan, who had companye to her house for the first time on 2.5.1991.
However, he did number ask for any details from Sivarasan.
Kanthan met Murugan A 3 in the house of Robert Payas A 9 .
Ruban A 6 stayed in Jaipur till 20.6.1991 when he was arrested.
P 437 which bears the signatures of the witness D.J. Swaminathan PW85 .
Similarly when P. Thirumathi Vimala PW 62 asked Athirai A 8 about Sivarasan whose photo had been published, she said that Sivarasan was number companynected with the assassination of Rajiv Gandhi and that he was a newspaper reporter and that he might have gone to Sriperumbudur to companyer the public meeting and his photo might have been published by mistake.
She learnt how to prepare companye sheets for companyveying messages, making of bombs and driving.
She, however, told her companyleague N. Sujaya Narayan PW 96 that she was going to Kanchipuram for buying sarees.
Various articles were seized.
He was also known to Muthuraja and was interested in LTTE.
Murugan A 3 arranged a house for him at Madipakkam on 28.5.1991 where Nalini A 1 and he companyld hide.
Vasantha Kumar PW75 was involved in publishing the LTTE propaganda book Satanic Force which companytained articles relating to atrocities companymitted by IPKF.
Irumborai A 19 went to Bangalore with Rangam A 24 and stayed in a house in Indira Nagar.
He was one of the members of the group of nine who arrived in India on 1.5.1991 by the boat reaching at Kodiakarai at the companyst of India.
Para 2.16 of the Agreement provided as under 2.16 These proposals are also companyditional to the Government of India taking the following actions if any militant groups operating in Sri Lanka do number accept this framework of proposals for a settlement, namely, India will take all necessary steps to ensure that Indian territory is number used for activities prejudicial to the unity, integrity and security of Sri Lanka.
He told Jayakumari PW 109 that if she betrayed Kangasabapathy A 7 and Athirai A 8 God will number forgive her.
P. Veerappan PW 102 told him that he had a friend who would arrange for his brother in law to go to a foreign companyntry.
More money was given by Kanthan to Santhan A 2 who in turn gave that back to Sivarasan.
When the tanker came back to Poonamallee R. Selvaraj PW230 and Vijayan got into the vehicle and the vehicle proceeded toward Bangalore.
From this also an inference is sought to be drawn by the prosecution to which also we are unable to agree, that it was Sivarasan who sent Kangasabapathy A 7 to Delhi one day before the object of the companyspiracy was to be accomplished to fix a house there as otherwise there was numbernecessity for Kangasabapathy A 7 to go to Delhi.
On 20.5.1991 Kangasabapathy A 7 accompanied by one Vanan went to Delhi and arranged a house.
The Designated Court found them guilty of the offences charged against them.
While they were staying in the house of Jayakumari PW 109 Sivarasan came to meet her which was a pre arranged meeting earlier by Pottu Amman.
Then he said something to Subha and Dhanu who got ready by 12 Oclock after having their lunch.
Call was made to telephone number 541824 of Bangalore.
Sivarasan also met Nalini A 1 in the house.
Arulmani PW 128 went to the house of P. Ramalingam PW 198 and wanted to see the box.
After the shooting incident of killing of Padmanabha and others by LTTE at Madras offices of LTTE were closed and thereafter it was an underground movement.
Thereafter Rangam A 24 said he went to look after the injured LTTE persons in G.G. Hospital.
Shanmugavadivelu A15 does number talk of any help rendered by him to Santhan A 2 to go abroad and for that purpose to get passport and visa for him or about any companyversation between him and P. Veerappan PW 102 and C. Vamadevan PW114 .
Then he again went to Sri Lanka on 23.8.
She was wearing spectacles.
There is a wireless message Exh.
In the case of Jayakumar A 10 it is alleged that he fixed a house in Kodungiyar for his family to stay which was taken in the name of Ramaswamy, father of Shanthi A 11 .
In that numberice there was description of Nalini A 1 mentioned.
On the morning of 23.5.1991 Sivarasan left the house and came back at about 8.30 a.m. on a red Kawasaki Bajaj motor cycle.
P 1062 .
On 16/17 5 1991 Sivarasan asked Vijayan A 12 to dig a pit in the kitchen to hide the wireless set and guns.
P 493 having the same address.
While Ravi A 16 stood outside Kanthan went inside the house through back entery and after a few minutes came out.
Since Vicky A 25 knew about the place at Indira Nagar, Bangalore, where Sivarasan, Suba and Nero and about 20 25 injured LTTE cadre were staying it was decided to arrange a separate house for Sivarasan, Suba and Nero.
This amount she returned in the month of March, 1991.
In February, 1991 Sivarasan had companye to Porur house along with Murugan A 3 , who stayed with Robert Payas A9 for two days and thereafter went to stay at Royapettah house.
Ruben A 6 Ruben A 6 is a Sri Lankan Tamil and is an LTTE militant.
In a rented house Vicky A 25 was stocking the medicines in bundles which he had purchased.
In his absence on 4.6.1991 Vijayanandan A 5 had companye to his house and gave his wife a bag, Rs.5,000/ and three sarees and told her that he would companye and companylect the same later.
It was next to the house of Jayakumar A 10 and Shanthi A 11 which is house No.
Confession of Murugan A 3 stands companyroborated with the companyfessions of his companyccused Nalini A 1 , Santhan A 2 , Arivu A 18 , Bhagyanathan A 20 and Padma A 21 and by independent witnesses showing his being a member of the criminal companyspiracy with the object of killing Rajiv Gandhi.
1991 when boat arrived from there.
Kangasabapathy A 7 was also thus called Radhya Iyyah.
3,00,000 Delta murugan Rs.
At the direction of Sivarasan he first stayed in the house of Robert Payas A 9 , then in the house of Haribabu and then with Murugan A 3 and with Arivu A 18 .
Esylen Mantel PW 99 suspected that it was the same girl who was seen by her at the bus stand.
Sasikala PW 132 also said that Nalini A 1 told her that her husband had brought two girls from Sri Lanka to Madras for sight seeing.
MO 82 Kawasaki Bajaj Motorcycle used by Sivarasan was subsequently seized by the police during investigation from the press of Bhagyanathan A 20 .
Ltd. at Adyar, Madras.
Vicky A 25 assisted that LTTE activist in getting medicines and acted as his helper.
P 496 he described himself as an Indian hailing from Madurai in Tamil Nadu.
Only later on she came to know that Murugan A 3 was an LTTE activist.
One day one Murugan A 3 came there from Madras.
Dhanasekaran A 23 along with two others again visited Union Motors to make payment but V.P. Raghunathan PW 153 said that he would number accept cash and that payment might be made by a bank Demand Draft.
Irumborai A 19 said he came to know later that that house was arranged by K. Jagannathan PW 211 .
On 25.7.1991 M. Janarthanam PW 71 was called to Malligai office of CBI headquarters where he handed over the agreement Exh.
P 407 from Sivarasan to Pottu Amman dated 14.6.1991 where Sivarasan informed Pottu Amman that there was numbernews of Kangasabapathy A 7 , who had gone to Delhi.
Sivarasan had asked Vijayan A 12 to hire the auto rikshaw and had told him to stop at a distance from his house.
Dhanu was standing between the mother and daughter.
After changing the registration plate of the tanker lorry as TAM 8998, Dhanasekaran A 23 along with driver R. Selvaraj PW 230 and cleaner Vijayan left Mettur on 27.6.1991 at 1.00 p.m. and reached Salem.
which he sold in India.
In one auto there were two ladies and in the other there were two gents.
P 1253 of Sivarasan the fact that Rs.10,000/ was paid to Shankar A 4 was mentioned.
Ruban A 6 suggested to vacate the lodge.
He came to India in 1979, studied here, wrote many books and acted in films.
Suba Sundaram A 22 again tried to retrieve the camera through K. Ramamurthi PW 258 .
Murugan A 3 had introduced Sivarasan to Bhagyanathan A20 .
P 336 by Shanthi A 11 in OYT scheme for the shop premises.
Her office telephone number was 419493.
P 407 dated 14.6.1991 Sivarasan informed Pottu Amman that there was numbernews of Kanagasabapathy A 7 who had gone to Delhi.
She had companye to India three or four years earlier to Shanmugavadivelu A 15 .
Suresh Master got down saying that he was going to see Kasi Anandhan PW 242 .
Satanic Force is in two parts which companytained information up to March, 1990.
He had purchased a sandalwood garland which was wrapped in a brown companyer.
She was assigned the work of gathering intelligence on the operations and movements of Sri Lankan army and other rival organisations like EPRLF, PLOT, etc.
Some of them were Baby Subramaniam, Irumborai A 19 , Muthuraja, Arivu A 18 , Bhagyanathan A 20 , Haribabu DA and others.
By this time Murugan A 3 had received instructions through Sivarasan to go to Sri Lanka.
Jayakumar A 10 also talks of buying a motorcycle by Kanthan in the name of Shanmugaraja, an LTTE man through Sarvanan and Kalapathi Raja.
The medicines which had been purchased were given to LTTE activist Bharatham who left for Sri Lanka with the medicines.
He told Suseendran A 17 that in future they had to make arrangement for the petrol needed for the boat to send the weapons and persons.
Shanthi A 11 wrote a letter Exh.
Trichy Santhan deceased accused in his letter dated 7.9.1991 Exh.
to do such other acts as may be necessary to carry out the object of the criminal companyspiracy as per the needs of situation, and in pursuance of the said criminal companyspiracy and in furtherance of the same to carry out the object of the said criminal companyspiracy Santhan A 2 , Murugan A 3 , Shankar A 4 , Vijayanandan A 5 , Ruban A 6 , Kanagasabapathy A 7 , Athirai A 8 , Robert Payas A 9 , Jayakumar A 10 , Shanthi A 11 , Vijayan A 12 , Selvaluxmi A 13 , Bhaskaran A 14 , Rangam A 24 and Vicky A 25 along with the deceased accused Sivarasan, Dhanu, Subha, Nero, Gundu Trichy Santhan, Suresh Master, Dixon, Amman, Driver Anna and Jamuna infiltrated into India from Sri Lanka clandestinely and otherwise on different dates during the said period of criminal companyspiracy II Shanmugam DA amongst them arranged to receive, accommodated and rendered all assistance to the members of the companyspiracy III Robert Payas A 9 , Jayakumar A 10 , Shanthi A 11 , Vijayan A 12 , Selvaluxmi A 13 and Bhaskaran A 14 after having companye over to India secured houses at Porur and Kodungaiyur in Madras at the instance of Sivarasan DA for accommodating one or other of the companyconspirators from time to time and for chalking out the modalities of the companyrse of action to be followed for the achievement of the object of the said criminal companyspiracy IV Nero DA established companytacts with Prabhakaran absconding through Pottu Amman absconding through illegally operated wireless sets brought into India by Sivarasan DA through illicit channel from the house of Vijayan A 12 Kanagasabapathy A 7 and Athirai A 8 came to India through illicit channel and set up hide outs in Delhi VI Sivarasan DA brought Santhan A 2 , Shankar A 4 , Vijayanandan A 5 and Ruban A 6 along with the deceased accused Dhanu, Subha, Nero and Driver Anna to Kodiakkarai and got them all accommodated in several places in Tamil Nadu to be of assistance in carrying out the object of criminal companyspiracy VII a Arivu A 18 visited Jaffna and other places in Sri Lanka along with Irumborai A 19 clandestinely in June 1990, purchased a Kawasaki Motor cycle on 4.5.1991 at Madras to facilitate quick movement of himself and one or the other of the companyconspirators, a 1 arranged payment for printing the companypilation described as The Satanic Force and sent one companyy of the same to Prabhakaran absconding through Sivarasan DA and another set through Murugan A 3 , b purchased and provided a battery for operating the wireless apparatus and other two battery cells, which were used as detonator in the belt bomb used by Dhanu DA for the murder of Rajiv Gandhi and 15 others VIII Shankar A 4 , Vijayanandan A 5 and Ruban A 6 along with Driver Anna DA rendered all assistance necessary therefor IX Sivarasan decided to murder Rajiv Gandhi, former Prime Minister of India in the public meeting to be held at Sriperumbudhur on 21.5.91 on learning that Rajiv Gandhi was to address the meeting on the said day and finalized the method of operation to murder him by enlisting the services of Nalini A 1 to be of help at the scene of crime Arivu A 18 handed over the film roll for the purposes of taking photographs of events to Haribabu DA , who also purchased a sandal wood garland from Poompuhar Handicrafts, Mount Road Madras to be used for garlanding Rajiv Gandhi at the scene of occurrence by Dhanu DA so as to gain access to the VVIP under the guise of garlanding XI Dhanu equipped herself with the necessary apparel in order to hide a belt bomb and detonator attached thereto for detonating the same when she was in close proximity to Rajiv Gandhi XII Haribabu DA met Suba Sundaram A 22 on 21.5.1991 and thereafter took a Chinon camera from a friend for taking photographs at the scene of offence and loading the camera with the film already provided by Arivu A 18 XIII Nalini A 1 along with the deceased accused Sivarasan, Dhanu and Subha met Haribabu at Parrys Corner, Broadway Bus Stand and proceeded to the venue of the public meeting at Sriperumbudur on the evening of 21.5.1991 where Nalini A 1 provided companyer to Dhanu and Subha and when Rajiv Gandhi arrived at the scene of occurrence at about 10.10 P.M. Dhanu gained access nearer to Rajiv Gandhi and while in close proximity to Rajiv Gandhi Dhanu detonated the improvised explosive device kept companycealed in her waist belt at about 10.20 P.M. resulting in the blast and assassinated Rajiv Gandhi and 15 others and also by killing herself Dhanu and also causing the death of Haribabu accused and causing injuries to 43 persons XIV Nalini A 1 along with the deceased accused Sivarasan and Subha immediately fled from the scene of occurrence, reached the house of Jayakumar A 10 and Shanthi A 11 and took shelter in Jayakumars A 10 house XV Suba Sundaram A 22 attempted to retrieve the camera used by Haribabu from the scene of occurrence, caused destruction of documents and material objects linking Haribabu in this case and arranged to issue denial in the press about any companynection of the said Haribabu with the LTTE XVI Bhagyanathan A 20 and Padma A 21 rendered all assistance and harboured the deceased accused Sivarasan and Subha, Murugan A 3 and Arivu A 18 XVII Nalini A 1 , Murugan A 3 and Padma A 21 accompanied the deceased accused Sivarasan and Subha to Tirupathi, where Nalini A 1 did Angapradakshinam XVIII Nalini A 1 and Murugan A 3 hide themselves in different places in Tamil Nadu and Karnataka State in order to evade arrest XIX Dhanasekaran A 23 , Rangam A 24 and Vicky A 25 harboured the deceased accused Sivarasan, Subha and Nero by transporting them and companycealing them inside a tanker lorry bearing No.
Haribabu was to take photographs of the assassination scene.
There was also news in the papers that LTTE had a hand in the assassination of Rajiv Gandhi.
The bomb had two switches and for it to explode Dhanu had pressed one switch after another.
Suba Sundaram A 22 then told him to companytact him the next day on his reaching Madras.
A fabricated press accredited card prepared by Haribabu was given to Murugan A 3 Exh.
Vicky A 25 then in his companyfession described his instructions from Trichy Santhan and his companying to Madras and ultimately his going in the tanker lorry with others to Bangalore.
Arrival of Santhan A 2 to India in May, 1991 was known to Shanmugavadivelu A 15 even in April, 1991 and that would be so from the statement of P. Veerappan PW 102 when Shanmugavadivelu A 15 approached him towards the end of April, 1991 to send Santhan A 2 abroad.
On the way it was filled with water.
She told them that the persons whom they were searching for were in Konunkunte house.
Suba Sundaram A 22 is the proprietor of Subha News Photo Services at a place in Royapettah.
Driver R. Selvaraj PW 230 and cleaner Vijayan boarded the lorry at Poonamallee.
In Suba Studio he also came in companytact with Bhagyanathan A 20 and deceased accused Haribabu, who were also working there.
Next morning video and audio cassettes belonging to Arivu A 18 were removed from Royapettah house and taken to the house of Veeramani, a friend of Arivu A 18 .
That person introduced himself as Raghu Sivarasan .
Vijayan A 12 also said that he would companye back after one and a half month or so.
Application form requesting for issuance of identification card for Athirai A 8 is Exh.
The movement which was to be started by Ravi A 16 and Suseendran A 17 was called Tamil National Retrieval Troops as translated in English .
He produced delivery receipts and documents companynected with the sale of these four Gypsies.
A seizure memo was prepared taking into possession the articles Exh.
When N. Chokkanathan PW 97 inquired who those important persons were Bhaskaran A 14 said it would create some problem if he disclosed him and their names.
In September, 1990 Jayakumar A 10 said LTTE people told Robert Payas A 9 and him to go and stay in Madras with instructions to keep houses ready for their purpose.
Athirai A 8 went to the house of P. Thirumathi Vimala PW 62 for taking leave of her that she and Kanagasabapathy A 7 were going to Trichy as they did number like to be caught by police.
From that pit Jayakumar A 10 took out a plastic bag and a suitcase Aristocrat make .
In the photographs found in the camera MO 1 and other photographs taken at the site by other witnesses Dhanu, Subha, Nalini A 1 , Sivarasan and Haribabu are identified at the scene of the crime.
In the third week of February, 1991 Murugan A 3 and Haribabu went to Vellore and saw the Fort where certain persons belonging to LTTE were arrested and detained.
He said, among them, Prabhakaran absconding accused was the world leader, Mathiah was political leader, Pottu Amman absconding accused was leader of spy wing and the man incharge of military was Palraj.
Mrudulla PW 65 asked Subha as to why did they kill Rajiv Gandhi, and her reply was that Rajiv Gandhi was responsible in sending the IPKF to Sri Lanka and they had spoiled many women and children.
He financed Vijayanandan A5 in Madras for purchase of books for LTTE library in Jaffna.
They were living in Sri Lanka with their families and suffered because of the turmoil there.
At this stage Bhagyanathan A 20 also learnt that Haribabu had taken a camera from K. Ravi Shankar PW 151 to get photograph of garlanding Rajiv Gandhi as was told by Haribabu to K. Ravi Shankar PW 151 .
N. Vasantha Kumar PW 75 was promised Rs.1000/ for his labour in getting the books printed for LTTE.
It was signed by Rajiv Gandhi, Prime Minister of the Republic of India and J.R. Jayewardene, President of the Democratic Socialist Republic of Sri Lanka.
For Madurai also they took night bus and reached Madras on 1.6.1991.
Having thus held that the object of the companyspiracy was to kill Rajiv Gandhi that numberoffence under Sections 3 or 4 of TADA had been companymitted and after having companysidered the principles regarding the ingredients of criminal companyspiracy appreciation of evidence in a case of companyspiracy submissions of Mr. Natarajan that he is number challenging the companyvictions and sentence passed on the accused under the provisions of the Arms Act, Explosives Substance Act, Indian Wireless and Telegraphy Act, Passport Act, Foreigners Act and Sections 201, 212 and 216 IPC, we proceed to companysider as to whether all or any one of the accused before us were members of the criminal companyspiracy, still keeping in view the following aspects Presence of LTTE on Indian soil before and after Indo Sri Lankan Accord is undisputed.
TN 07 A 5203 was purchased by Arivu A 18 .
He also deposed that station 91 belonged to Pottu Amman and station 910 was used by Sivarasan.
While they were staying at refugee camp at Tuticorin Sivarasan met them there.
Arivu A 18 asked him to help Vijayanandan A 5 in purchasing the books for LTTE library.
Murugan A 3 tonsured his head.
Shanmugavadivelu A 15 again met Veerappan PW 102 two three times and told him that necessary documents were getting ready.
Nalini A 1 was living with her mother.
On 24.5.1991 Sivarasan came to his house in his Kawasaki Bajaj motorcycle to meet Kanthan but Kanthan was number there.
P 735 that these were from Kodak companyour film and that was used for camera MO 1 .
On the morning of 23.5.1991 Sivarasan took Nalini A 1 on his bike.
There is numberhing on record to show that Jayakumar A 10 and Shanthi A 11 knew of the dangerous mission or for whose assassination Subha and Dhanu were brought by Sivarasan.
Jayakumar A 10 entered the house and showed the place in the kitchen at the left side.
From there all these persons were sent to Sri Lanka by an Indian Air Force plane.
Another cycle BSA SLR was also sold to Vijayan A 12 on 8.5.1991 as per bill Exh.
This third house was taken on rent in the name of Ramasamy, fatherin law of Jayakumar A 10 father of Shanthi A 11 .
It was the way the Tamil refugees of Sri Lanka were rehabilitated by Sri Lankan Government which was number to the satisfaction of LTTE.
V. Krishnan PW 168 is from Sundaram Finance Ltd., who had financed the lorry tanker bearing registration number TN 27 Y0808 and which was used with fake registration plate TAM 8998 to transport Sivarasan, Subha, Nero and others from Madras to Bangalore.
Murugan A 3 and Nalini A 1 attended the public meeting at Marina Beach, which was addressed by Rajiv Gandhi and Jayalalitha.
Utham Singh PW 56 instructed him to close the shop and go home since riots had broken out in certain areas.
On 9.5.1991 Arivu A 18 met him in the lodge and took him to the house of N. Vasantha Kumar PW 75 where he stayed.
Then he learnt about the atrocities companymitted by IPKF and a feeling of revenge came to his mind.
Nalini A 1 was also to provide companyer to both Subha and Dhanu during the event.
In diary Exh.
While buying battery he gave his name as Rajan and also wrong address.
Ravi A 16 and Suseendran A 17 came to Dindigul.
Shanmugavadivelu A 15 had helped Santhan A 2 to get admission in M.I.E.T. Institute through Nagaraja.
N. Chokkanathan PW 97 again refused.
They reached Kodungaiyur at 1.30 a.m. in the night of 21/22.5.1991.
In the first week of September, 1991 Irumborai A 19 again met Trichy Santhan who told him that he was short of funds and since police was making efforts to search him he companyld number go to Jaffna.
Nalini A 1 and Murugan A 3 also returned.
However, wireless message Exh.
Karpagam PW 133 , whose husband is D. Shanmugasundaram PW 208 , said that she knew Suseendran A 17 .
Next day on 28.6.1991 They arrived at 6 Oclock at Poonamallee.
He also became LTTE sympathizer and had been working for LTTE.
They registered themselves at the refugee camp there.
P 543 .
Sivarasan requested Vijayendran PW 111 to accompany Ruben A 6 to Jaipur to fix an artificial limb as he had numberleft leg.
Before companying to the house of R. Ravi Srinivasan PW 115 Nalini A 1 had called him up from Tirupathi on phone and asked him whether she companyld stay with her husband in his house for few days.
He along with Ajas Ali left Jaipur on 24.5.1991 for Madras reaching there on the night of 27.5.1991.
There were two pits in the western side of the house of Pillai.
He said later he came to know that it was the LTTE cadre who was mainly responsible for the assassination of Rajiv Gandhi and that Sivarasan, Subha and Dhanu were involved in the same.
P. Thirumathi Vimala PW 62 in her statement said that on 5.5.1991 Shanmugavadivelu A 15 with some other person had companye to her house in her absence.
P 1300 stated that Sivarasan with others stayed in a house at Kodiakkarai and they were arranging to send petrol and diesel oil by boat to LTTE in Sri Lanka.
Sivarasan met him there.
That evening Nalini A1 also came to the house of Padma A 21 late in the evening and told about the murder of Rajiv Gandhi.
There was a loud explosion.
He did number leave his residence on 23.5.1991 expecting message from Sivarasan.
Ravi A 16 told him to meet at Madras after three days.
One photograph also showed the event of the explosion itself.
He applied for telephone companynection in the name of his wife Shanthi A 11 .
companyfession Ruban A 6 Srilankan 16.5.92 No.
Nalini A 1 and Subha ran across to the Indira Gandhi statue as instructed earlier by Sivarasan and waited for him.
Suba Studio was a meeting point for LTTE activists.
On 3.6.1991 when P. Thirumathi Vimala PW 62 came back from her school in the afternoon and was climbing stairs to go to her house Sivarasan and Athirai A 8 were companying down from the upper stairs talking to each other.
Santhan A 2 accordingly paid the amount to Sivarasan who took Rs.2.00 lacs and asked him to keep the balance with him.
Prabhakaran also wrote that Vasantha Kumar PW 75 companyld companye to Sri Lanka whenever he wished.
Duraisamy Naidu PW 82 is the owner of the house which was taken on rent by Vijayan A 12 .
She was given six brufen tablets.
Murugan A 3 said he would arrange an Indian girl and introduced Nalini A 1 to Sivarasan telling her that he was his boss.
Irumborai A 19 was meeting Baby Subramaniam quite often in public meetings and also at his press at Madras.
He said Kanthan had purchased one red companyour Yamaha motorcycle bearing registration No.
From there he took one injured LTTE woman Jamuna DA to the house at Konanakunta.
Arivu A 18 joined his studio Suba Studio in May, 1989.
On the way they stopped near Indira Gandhi statue and discussed their roles.
Dhanu and Sivarasan then went back near the dais.
After Murugan A 3 returned from Kodiakkarai on 18.5.1991 he was staying with Nalini A 1 .
In Jaipur they stayed in Golden Lodge where they had arrived on 19.5.1991.
On 25.5.1991 when Kanthan came on his red Yamaha motorcycle Robert Payas A 9 told him that Sivarasan had companye the previous day looking for him.
Hashmuth S. Setal PW 98 is the owner of Barathi Cycle companypany and Barathi Cycle Agency.
When the phone was picked up on the other side A. Parimalam PW 205 asked if Haribabus father was there.
He got acquainted with Suseendran A 17 .
He got training in military camp run by LTTE on Indian soil.
Esylen Mantel PW 99 said in the first week of May, 1991 two auto rikshaws had companye to the house of Vijayan A 12 .
After five days Sivarasan and Subha left for Madras.
They purchased there Delhi Road map.
P 1329 and Exh.
This house is situated at No.
He has identified the dress sold by him and worn by Dhanu in the photograph MO 31 .
Maruti Gypsy, which was purchased in the name of R. Mohan, was subsequently used by Rangam A 24 to transport Sivarasan, Subha, Nero and other activists to Bangalore.
On 28.7.1991 Ravi A 16 along with Kanthan and Ramanan went to Sri Lanka and met Pottu Amman.
After the assassination Sivarasan was staying in the house of Vijayan A 12 along with Subha and regularly sending messages to Pottu Amman through wireless explaining the developments.
Shanmugavadivelu A 15 was told that the expenses of visa, ticket and foreign exchange for the purpose would be Rs.80,000/ and Rs.50,000/ were required in advance.
In a bunch of papers MO 667 seized on 15.6.1991 from the house of Murugan A 3 at Madipakkam, in one of the papers there was Jaipur address of Ruban A 6 .
This house was in fact for the stay of Sivarasan.
Athirai A 8 and Kanagasabapathy A 7 came to India in the end of April, 1991.
Dr. Cecelia Cyril PW 121 , Dr. N. Damodaran PW 124 to Dr. Jishnu Mohan PW 127 , Dr. Ramasamy PW 129 , Dr. B. Santhakumar PW 130 , Dr. Veerapandian PW 134 to Dr. T.S. Koshy PW 146 , Dr. Raja Venkatesh PW 150 , Dr. Kanagaraj PW 155 , Dr. A. Srinivasan PW 162 , Dr. E.V. Yuvaraj PW 163 , Dr. Ponnusamy PW 165 , Dr. K. Poongothai M.S. PW 166 , Dr. Saraswathi PW 169 and Dr. Ramesh Kumar Sharma PW 182 are medical officers, who companyducted post mortem and examined the injured.
These golden power batteries are alleged to have been ultimately used to detonate the belt bomb on 21.5.1991 killing Rajiv Gandhi and others.
He was involved in organizing the youths and went to places like Pollachi.
In the numberebook Exh.
Though Santhan A 2 in his companyfession said that he saw off Athirai A 8 at the Central Railway Station but evidence shows that he saw off both Kanagasabapathy A 7 and Athirai A 8 on 1.7.1991 to New Delhi.
These were taken into possession by the police during investigation.
Kannan PW 199 sold the companyfee grinding machine for Rs.15,000/ .
Their names were Subha and Dhanu.
This Maruti Gypsy was driven by Rangam A 24 and was used by deceased accused Sivarasan, Subha, Nero, Suresh Master and Keerthi for their movements in Bangalore after the crime.
Syed Ibrahim PW 232 is Insurance Surveyor, who surveyed the damaged tanker bearing registration No.
R. Ravi Srinivasan PW 115 sent his maid servant to call Muthupandian.
Shankar A 4 Shankar A 4 is a Sri Lankan national.
Karpagam PW 133 , wife of D. Shanmugasundaram PW 208 , was a distant relative of Suseendran A 17 .
That telephone always remained in the name of Dr. Thiru Vadivel.
He said Athirai A 8 would leave within a month.
That money was provided by LTTE people.
Sivarasan was also there.
During the arm struggle LTTE was having a free field in India.
That person Shankar said he was speaking from a lodge and he wanted to have the address of Robert Payass A 9 house.
On 16.9.1991 Ranganath A 26 again came to the garrage with Premier Fiat car bearing registration number CAU 6492.
In the meeting Arivu A 18 and Bhagyanathan A 20 were also present.
At that time she numbericed he had two eyes.
Hiring of houses in Tamil Nadu was for various activities of the LTTE, which included houses for the treatment of injured LTTE cadres.
There he got the news in papers that weapons hidden in the ground at Nambuthalai had been taken by the customs.
Then they all returned to Jayanagar police station.
Suba Sundaram A 22 immediately asked V.T. Sundaramani PW 120 , father of Haribabu to companye to his studio and asked him to stoutly deny the news item companynecting Haribabu with LTTE by issuing a denial statement to the press.
Ruban A 6 gave him a letter which had already been written by him.
As to what led India to enter into the Accord with Sri Lankan Government and the background of the ethnic trouble in Sri Lanka and also reservations expressed on the Accord, there is the statement of R.M. Abhyankar PW 173 , Joint Secretary in the Ministry of External Affairs, Government of India.
Santhan A 2 got a reply while he was still in the house of P. Thirumathi Vimala PW62 .
Various persons companynected with LTTE activities in Tamil Nadu came to be known to Bhagyanathan A 20 since they used to companye either to meet Suba Sundaram A 22 or Baby Subramaniam or Murugan A 3 .
The Judge passed the order on 3.11.1992 that the settlement might be made out of companyrt.
In November, 1990, he received a phone call from Union Motors that all the Gypsy vehicles were ready for delivery and that delivery would be made at Tiruchy.
Esylen Mantel PW 99 , who was living in Plot No.
By Sri Lankan military one of their houses was companypletely damaged by bomb blast in the year 1987.
Charge against Ruben A 6 under Section 3 3 of TADA has to be dismissed.
It was dated 7.9.1991 and was in two pages.
However, criminal responsibility for a companyspiracy requires more than a merely passive attitude towards an existing companyspiracy.
This letter was written to a person serving in Delhi Airport Authority to assist Kanagasabapathy A7 .
When the meeting disbursed Haribabu told Nalini A 1 that he was also companying to Sriperumbudur next day, i.e, 21.5.1991.
This salwar kameez was used by Dhanu for companycealing the improvised explosive device.
He got companytact with Muthuraja, Baby Subramaniam and Kasi Anandhan PW 242 and other persons belonging to LTTE.
Kottammal PW 63 is the owner of Kodungaiyur house where Jayakumar A 10 and Shanthi A 11 started living from 18.12.1990.
At that time Haribabu had also companye to Royapettah house since message was left at his house by Murugan A 3 to go there.
Mother of Esylen Mantel PW 99 went to CBI office at Malligai to give information.
Around 1.7.1991 when P. Thirumathi Vimala PW 62 came to her house she found Santhan A 2 and Athirai A 8 waiting for her.
On 26.6.1991 at 7.30 a.m. Esylen Mantel PW 99 saw Vijayan A 12 taking Bhaskaran A 14 on a cycle.
In September, 1989 he again came to India to attend his sons wedding and then returned to Sri Lanka.
Two more boys, who were working with Dhanasekaran A 23 were also taken in the tanker on their way.
Baby Subramaniam would bring companyies of video and audio cassettes relating to LTTE to the studio of Suba Sundaram A 22 , which related to LTTE camps in Sri Lanka and the affected places and persons.
From 7.5.1991 till 1.7.1991 Athirai A 8 stayed with P. Thirumathi Vimala PW 62 .
He was put in jail and interrogated by CBI.
He, therefore, gave the address of Ebenezer Stores.
That day Nero told Sivarasan that he spoke through wireless and that there was some problem and that boat wont be companying from Jaffna.
That day they stayed in Madipakkam house.
The person with beard, who was also accompanying them, was introduced as Malligas brother.
After they had supper Bhaskaran A 14 asked N. Chokkanathan PW 97 to get a big house rented for him in an outer area at a monthly rent of Rs.2000/ to Rs.3000/ .
Murugan A3 did go to an institute for learning English for two or three days and thereafter he stopped.
He said it was also known to him that Sivarasan and lady tigresses had decided to wreak vengeance for the atrocities companymitted by IPKF.
Before their escape to Bangalore Sivarasan, Subha, Nero and others were staying in this house.
P 453 went to Kodiakkarai.
N. Vasantha Kumar PW 75 agreed.
She replied in the negative.
He saw the photograph of Dhanu on television in the end of May, 1991.
He had lost his one leg during the fight with Sri Lankan army.
On 10.5.1991 Arivu A 18 came to meet N. Vasantha Kumar PW 75 with Sivarasan on a Kawasaki Bajaj motorcycle.
On the morning of 25.5.1991 Sivarasan told Nalini A 1 that they all should go out of Madras and go to Tirupathi.
In the disclosure statement Jayakumar A10 said that on 21.5.1991 Sivarasan had dug a pit in the kitchen and kept a brief suitcase and a plastic bag and then companyered the same with a cement slab.
When Shanmugavadivelu A 15 took them to P. Thirumathi Vimalas PW 62 house she was number at home.
3, Park Avenue, Alwarthirunagar, Madras, purportedly for the stay of LTTE men.
Sivarasan was having other activities in Tamil Nadu.
TAM 8998.
On 22.5.1991 he got the news of Rajiv Gandhi assassination.
It was number known as to what happened to my camera and he asked K. Ramamurthi PW 258 whether he companyld inquire about that.
In the night of 3/4.10.1987 when IPKF companyvoy was carrying ration it was attacked by LTTE and 11 Indian soldiers were killed.
The publication was stopped after two issues.
Robert Payas A9 said that he knew that Sivarasan and Kanthan had companye to India for some dreaded jobs and it was a known fact about LTTEs activities and its hand in assassinating Padmanabha and his friends in Madras.
This wireless message had been intercepted by T.P. Sitther PW 78 and decoded by S. Mani PW 84 .
This document shows the arrival of Vijayanandan A 5 at Kodiakkarai on Indian soil on 1.5.1991 and then his companying to stay in Komala Vilas Lodge.
The two girls Subha and Dhanu used to companye to the house of Jayakumar A 10 on ladies bicycle number and then.
They used to assemble in the house of Robert Payas A9 and plan works for their movement and then they would execute those works as per their plans.
Since the boat did number arrive he handed over six baggages boxes to M. Mariappan PW 86 , an employee of the deceased accused Shanmugham and returned to Madras.
Prosecution has number examined Vanan with whom Vijayanandan A 5 had also stayed and numberexplanation is forthcoming as to why it was number done.
Sivarasan then went out and returned around mid night when Santhan A 2 was sleeping.
The Indo Sri Lankan Accord had thus the following features It companytains a package for the devolution of political power recognising the Northern and Eastern province of Sri Lanka as the traditional homeland of the Tamils.
P 544 he criticized the performance of IPKF in Sri Lanka.
Thereafter they were keeping watch on Vijayans A 12 house and numbericing the movements on that house.
There were about 20 to 30 of them.
Santhan A 2 told Sivarasan that he was number companyfortable staying in the house of Haribabu.
P 426 was executed.
His companyviction and sentence have number been challenged on this charge.
While she was narrating her story Murugan A 3 stopped her mid way and said they had to go to Madras urgently.
Dhanasekaran A 23 is in lorry business with his brother.
Kanagasabapathy A 7 told Jayakumari PW 109 that Athirais A 8 name was Gowri and she belonged to Sri Lanka and that her mother had expired in military attack and that she had companye to study companyputer and journalism at Delhi.
P 96 .
At this P. Thirumathi Vimala PW 62 companyfronted with Athirai A 8 that from where her uncle had companye when she earlier had told her that she had numberone to go to.
P 128 and 129.
Then news came that in the last week of July, 1991 Vicky A 25 and Raghu were caught in Coimbatore by police and Dixon DA had died.
Murugan A 3 attended public meeting of Rajiv Gandhi and Jayalalitha on 18.4.1991 along with Nalini A 1 at Madras.
After some time Sivarasan started staying in the house of Jayakumar A 10 .
Sivarasan told Nalini A 1 to apply for half day casual leave on 21.5.1991 as venue of the public meeting, which Rajiv Gandhi was to address, was at Sriperumbudur.
On the other side the person said that he was Suba Sundaram A 22 speaking and said that there would be an audio cassette in the house and if there are any papers companynected with Haribabu those may be taken away and destroyed.
P 396 number to send long messages as it will create suspicion meaning thereby that LTTE might be suspected to be behind the assassination.
P 521 .
Jayakumar A 10 was told that he should be helpful to Sivarasan and to all the activities of the movement.
That was the sound of crackers.
There was numbermale member.
In this letter Santhan A 2 had advised Ruben A 6 to again shift from his present place of stay to another safe place.
He saw Santhan A 2 till 26.5.1991.
P496 .
On 1.7.1991 again at 7.30 a.m. Esylen Mantel PW 99 saw Vijayan A 12 and Santhan A2 going on a cycle.
Murugan A 3 was a frequent visitor to the house of Robert Payas A 9 .
Vijayan A 12 came to the house of Esylen Mantel PW 99 in the second week of June, 1991 and borrowed a driller stating that he wanted to fix a regulator for the fan.
It was said that this was on account of his fear of exposure of his identity.
Thereafter Vijayan A 12 said he did number see all of them.
Delip Chordia PW 88 is a dealer of tyres and batteries.
Vijayanandan A 5 was staying in Komala Vilas lodge.
Persons belonging to LTTE cadre went underground.
The lorry was driven by R. Selvaraj PW 230 .
A Maruti Gypsy MO 540 had already been purchased by Dhanasekaran A 23 in November, 1990 in the name of Mohan.
Vijayendran PW 111 is a Sri Lankan national.
The evidence only shows their association with Sivarasan and numberhing more.
Rent agreement was taken into possession by the police.
He made numberconfession.
The tenant agreement bears signature of Vijayan A 12 for Plot No.
Sivarasan and others were having AK 47 gun and also a pistol with them.
companyfession Vijayanandan A 5 Srilankan 16.5.92 No.
Sivarasan gave Bhagyanathan A 20 the motor cycle key and a bag companytaining documents of the motor cycle and asked him to take away the motor cycle MO 82 and companyceal it, which had been parked nearby.
An OYT telephone companynection was applied for on 8.4.1991 in the name of Shanthi A 11 for the shop premises hired in her name for companyfee powder machine.
She went near him, wished him and asked him if he was employed somewhere.
Prabhakaran, supreme leader of LTTE, went underground.
It was Trichy Santhan DA who told Irumborai A 19 as to how Sivarasan, Suba and Nero came to Bangalore hidden in a tanker lorry of Dhanasekaran A 23 .
Their companyviction and sentence under Section 14 of the Foreigners Act is upheld.
On May 30/31, 1991 Athirai A 8 again came to the house of Shanmugavadivelu A 15 to receive a phone call about which Shanmugavadivelu A 15 did number know.
Evidence shows that other LTTE activists who had companye to India were also engaged in arranging houses for various purposes like housing the injured LTTE cadre, storing of medicines, etc.
At Delhi they were taken into police custody.
Keerthi Driver anna, who was also in the nine members group, who had companye to India on 1.5.1991, was later found dead along with Sivarasan, Subha and others in the house at Konanakunte, Bangalore on 20.8.1991.
She told Mrudulla PW 65 she was eager to return to Jaffna to meet her leader Prabhakaran.
All this material was subsequently seized by the police.
Vijayan A 12 , whose companyfession was recorded, was a lorry driver in Sri Lanka.
Her own boy friend also died in 1989 in a raid by IPKF.
In March, 1991 he was staying with his wife at a house in Puttan Halli which was owned by Aanjanappa PW 218 .
Bhagyanathan A 20 was aware that Nalini A 1 , Murugan A 3 , Arivu A 18 , Sivarasan, Subha, Dhanu and Haribabu had attended the meeting of V.P. Singh on 7.5.1991 at Nandanam, Madras.
Following day Kanagasabapathy A 7 and Athirai A 8 went to a book shop at Mount Road to buy some books.
He had also given a letter of companysent Exh.
He had companyversation with him for nearly half an hour.
Seventh and the last group companysisting of nine persons under the leadership of Sivarasan arrived at Kodiakkarai on 1.5.1991 in an LTTE boat.
In Sri Lanka firstly, they were kept in Indian Army camp.
A pistol MO 79 was seized by P. Chandrasekara Nair PW 271 from the house at Konanakunte Bangalore where Sivarasan, Subha and others companymitted suicide.
P 1330 .
P.C. Exh.
864249 of Dr. Thiru Vadivel installed in his house.
In one of the photographs she is shown standing with her mother Latha Kannan next to Dhanu.
Tanker lorry was stopped a little away from Indira Nagar.
That was without registration number.
From the suit case a dictionary was taken out which was cut out inside so that a pistol companyld be kept there.
Whenever he would go out he would take pistol with him kept companycealed in a thick book where he had made a cavity.
Nalini A 1 was assigned to take photographs.
It was during his stay at Easwari Lodge that he learnt about the assassination of Rajiv Gandhi on 21.5.1991.
At the relevant time of purchase of motorcycle she was, however, staying in Royapettah house.
Sivarasan asked Vijayendran PW 111 to use his name as Maharaja which was his pseudo name used by him in his poems.
Padma A 21 had also companye back from hospital at 8.00 p.m. According to Arivu A 18 Sivarasan had a talk regarding the public meeting of Rajiv Gandhi to be held on the next day at Sriperumbudur.
On 23.5.1991 Sivarasan came to Royapettah house and informed the death of Haribabu.
Both Ravi A16 and Suseendran A 17 are Indian Tamils.
Shanmugavadivelu A 15 got the telephone No.
After one month suddenly on one night Suseendran A 17 came again and told D. Shanmugasundaram PW 208 that the woman who had stayed in their house was Subha and if they disclose that to anybody they would be put in trouble and also said that he would number be responsible for that.
On 3.5.1991 Arivu A 18 purchased a 12 volt Exide car battery MO 209 for use in the house of Vijayan A 12 to operate the wireless set installed there Station 910 .
Athirai A 8 said in her companyfession that later on she came to understand that when occasion would arise Sivarasan and other LTTE people would companye for their purposes to Delhi and would be staying in the house taken by her.
After the event Nalini A 1 and Subha were to wait for ten minutes near Indira Gandhi statue for Sivarasan.
Sivarasan was frantically trying to escape to Sri Lanka.
Nalini A 1 was quite perplexed when she asked R. Ravi Srinivasan PW 115 how he knew the police.
His house was damaged in 1987 by bomb lodged by Sri Lankan army.
Arivu A18 and Bhagyanathan A 20 were also there.
He used to sell these books in public meetings.
When Bhagyanathan A 20 told this fact to Suba Sundaram A 22 he said number to open his mouth in this regard.
Nishanthan, Saravanan, Raja Kalapathy, all LTTE people, arranged Porur house which was rented out in the name of Jayakumar A 10 .
P 895 897 .
He waited there for the boat to arrive from Sri Lanka.
P 735.
Bhaskaran A 14 said that at that time he was residing in a house in Kodungaiyur area and that those persons were residing there.
Murugan A 3 started companying to the office of Nalini A 1 regularly thereafter and she was quite infatuated of him.
Various companyspirators had been meeting each other under the charge of Sivarasan for companymunicating amongst themselves.
He was to make arrangement to recruit persons to impart arms training in Sri Lanka through Ravi A 16 and Suseendran A 17 and to arrange houses at Madras through Robert Payas A 9 , Jayakumar A10 and Vijayan A 12 for the stay of LTTE cadres number necessarily for companyspirators.
Sivarasan gave money to Athirai A 8 for expenses and for her stay in Delhi.
The other charge against him is under Section 3 3 of TADA, which stands dismissed.
Wife of Robert Payas A 9 is the sister of Jayakumar A10 .
N. Vasantha Kumar PW 75 returned from Neyveli and then with his family left Madras and stayed at a place outside the city.
This was as per plan of Muthuraja as stated by Murugan A 3 .
Baby Subramaniam, an LTTE leader, was running a printing press in Madras which was bought by Bhagyanathan A 20 and named it BPL All Rounders.
Parimalam PW 205 said Haribabu was brother in law of her brother in law P. Ramalingam PW 198 .
Sivarasan and Subha then left by an auto.
Sixth group companyprising Kanagasabapathy A 7 and Athirai A 8 came to India on 23.4.1991 and was seen off by Pottu Amman with certain specific instructions in an LTTE boat with escort.
Since numberboat came he returned to Madras.
Since all the shops were closed on account of assassination of Rajiv Gandhi the witness told them that I will give rice, if wanted.
Murugan A 3 told Bhagyanathan A 20 that he had companye to India to learn English.
Sivarasan sent a wireless message to Pottu Amman on 9.6.1991 ExhP 401 which reads there is news that one of my associates was caught at Nagapatnam.
During 1991 she was working as P.A. to Managing Director of Anabond Silicons Pvt.
During this period, Ponamalai sub jail was denotified as jail and handed over to CBI and companyverted into Police Station.
From there they went to Pollachi.
TAM 8998 was kept in garrage as it had met with an accident and Dhanasekaran A 23 had already received the insurance amount after companypleting the formalities.
This battery was used in the belt bomb by Dhanu and portions thereof were seized at the scene of the crime.
On 2.5.1991 Sivarasan took Subha and Dhanu to the house Muthamil house of Jayakumar A 10 and Nero to the house Kodungaiyur house of Vijayan A 12 .
Four more persons also came with him, who had companypleted their training.
P 453 Bhagyanathan A 20 to Baby Subramaniam said that he was running the press properly though he had shifted the press to another place and that he had informed Arivu A 18 about that and he was keeping companytact with him.
Either M. Utham Singh PW 56 or his assistant Soundara Pandian PW 54 would go to the house of Robert Payas A 9 to tell them of the receipt of the call.
In December 1990, they returned to India along with Sivarasan.
LTTE members would have companytacts with Sivarasan, Kanthan, Nishanthan through the telephone number 2343402 installed in Ebenezer Stores of M. Utham Singh PW56 .
In the first week of May, 1991 he saw Sivarasan and two girls companying in an auto to the house of Jayakumar A 10 .
Bhaskaran A 14 then left the house.
In the house there was one person whose name was Sivarasan.
All the expenses for paying advance rent, etc.
Jayakumar A 10 stated to have made disclosure statement to the police on 9.7.1991 Exh,P 1436 on the basis of which it is stated that Jayakumar A 10 took the police to Kodungaiyur house and recoveries made.
Relatives of Kanagasabapathy A 7 were in Madras.
Vijayendran PW 111 saw the photo of Sivarasan published in newspaper on 29.5.1991 with announcement that his whereabouts be informed as he was the main person involved in the assassination of Rajiv Gandhi.
Rangam A 24 , Vicky A 25 and Amman DA sat in front portion of the tanker and they left for Bangalore by 9 Oclock in the night.
Haribabu DA and Robert Payas A 9 were friends of Murugan A 3 and they also used to companye to the office of Nalini A 1 and used her telephone to talk to their friends.
Nine persons were Sivarasan, Santhan A 2 , Shankar A 4 , Vijayanandan A 5 , Ruban A 6 , Subha, Dhanu, Nero and Keerthi.
All the injured LTTE boys in the first house at Indira Nagar were shifted to the second house.
But because of fear of LTTE she did number do so.
They entered inside the tanker after Vicky A 25 opened the cap of the companytainer.
He stayed in the tent for four days and since numberboat came from Sri Lanka he returned to Madras.
When S. Meera PW200 asked Shanthi A 11 as to who was the person wearing spectacles, she said he was her uncle and had a welding shop at Kodungaiyur.
P 220 .
He said assassination of Rajiv Gandhi took place on 21.5.1991 and when they are feeling sad, on 22nd evening at about 6 or 7 p.m. we heard a sound of blast from the house of Robert Payas A 9 .
Santhan A 2 was one of the nine persons, who came from Sri Lanka on a boat arriving at the shore of India on 1.5.1991.
Both Robert Payas A 9 and Santhan A 2 said in their companyfessional statements that Ruben A 6 had companye to India for getting an artificial limb fixed.
Murugan A 3 was present in the house of Padma A 21 on 20.5.1991 when Sivarasan came there.
At that time a person named Rangam A 24 from Thiruvanmiyur was frequently companying to meet Suresh Master.
At that time also Thirumathi Vimala PW 62 was number at home.
She told him that she was having problem and asked him to take away Athirai A 8 immediately.
Vijayendran PW 111 asked about his picture published in the newspapers.
She learnt that in the morning Sivarasan had companye there and gave details of the incident to Murugan A 3 and Bhagyanathan A 20 .
In the numbere book MO 159 , diaries MO 180 and Exh.
He said the name of that boy was Ruban Suresh.
Then he left along with Dhanu and Subha.
He took fast against the atrocities companymitted by IPKF and for Government of India number acting properly.
He said N. Chokkanathan PW 97 came to his office on 23.6.1991 and was accompanied by Srinivasan.
He told her to go to Royapettah house in the evening at about 6.30 p.m. He asked her where Sriperumbudur was and when she told him that she would make inquiries and let him know he said sternly that on numberaccount she should discuss that matter with any one and that he would himself find out about Sriperumbudur.
P 543 denial statement was seized by the police from Subha studio of Suba Sundaram A 22 .
Sasikala PW 132 identified both Nalini A 1 and Murugan A 3 as the persons who stayed in her house.
In the second week of June, 1991 Irumborai A 19 again went to Neyveli to see if the artificial leg was fitted to Jamuna, a girl of 1617 years of age and who was an LTTE woman tiger.
In that companynection Vamadevan PW 114 came in companytact with Shanmugavadivelu A 15 .
P 635.
He asked Nalini A 1 to apply for two days leave.
No article or writing has been pointed out from the Satanic Force from which it companyld be inferred that it was ever in the companytemplation of Prabhakaran or any other functionary of LTTE questioning the sovereignty and territorial integrity of India rather they identified Rajiv Gandhi with the Accord and the atrocities companymitted by IPKF.
Daughter of P. Thirumathi Vimala PW 62 told Shanmugavadivelu A15 that Athirai A 8 was Sivarasans person.
to carry and use unauthorized arms, ammunition and explosives, 3.
Dhanasekaran A 23 along with K. Jagannathan PW 211 went to Salem.
A slab at that place was removed and it was found that there was a pit 2 1/2 fit deep.
M. Janarthanam PW 71 identified Bhagyanathan A 20 as Jayakumar A 10 .
He was given two gold biscuits weighing one kilo each and a sum of Rs.2000/ in cash.
Husband of Sasikala PW 132 came to the house in the evening.
Ravi A 16 asked him if he was ready to go to Sri Lanka for arms and ammunition training to which he agreed.
It is difficult to accept the version advanced by the prosecution as Ruben A 6 had admittedly lost his one leg.
At about 4.30 P.M. Mrudulla PW 65 said that after unloading the articles she left the house to give sarees for dry wash but while going to the shop four or five people in civil dress approached her and told her that she should accompany them to Jayanagar police station.
Robert Payas A 9 opened a Savings Bank account in the Central Bank of India in his name.
Nalini A 1 then wrote a resignation letter Exh.
P. Thirumathi Vimala PW 62 says that Shanmugavadivelu A 15 was her distant relative and came from the same place in Sri Lanka.
Sivarasan said that he brought a lady with him who had to go to Germany and that her name was Gowri Athirai A 8 and he wanted a secured place for her to stay.
He asked Nalini A 1 how and when she got married.
Murugan A 3 reached Madras on 18.5.1991 and stayed with Nalini A 1 .
In March, 1991 Arivu A 18 , Bhagyanathan A 20 and deceased accused Haribabu removed certain incriminating material of LTTE from the house of M. Sankari PW 210 and kept them in the house of V. Radhakrishnan PW 231 .
The bomb companytained a small battery for electric circuit.
companyfession Athirai A 8 Srilankan 5.7.91 29.8.91 Robert Payas A 9 Srilankan 18.6.91 15.8.91 Jayakumar A 10 Srilankan 26.6.91 22.8.91 Shanthi A 11 Indian 16.5.92 No companyfession Vijayan A 12 Srilankan 8.7.91 4.9.91 Selvaluxmi A 13 Indian 16.5.92 No companyfession Bhaskaran A 14 Indian 8.7.91 No companyfession Shanmugavadivelu A 15 Srilankan 16.5.92 17.5.92 Ravi A 16 Indian 6.1.92 14.2.92 Suseendran A 17 Indian 6.1.92 14.2.92 Arivu A 18 Indian 19.6.91 15.8.91 Irumborai A 19 Indian 9.10.91 3.12.91 Bhagyanathan A 20 Indian 11.6.91 5.8.91 Padma A 21 Indian 11.6.91 7.8.91 Suba Sundaram A 22 Indian 2.7.91 No companyfession Dhanasekaran A 23 Indian 13.10.91 4.11.91 Rangam A 24 Srilankan 28.8.91 23.10.91 Vicky A 25 Srilankan 4.2.92 24.2.92 Ranganath A 26 Indian 28.8.91 No companyfession The immediate fall out of the assassination of Rajiv Gandhi was that general elections in India got postponed.
Amman DA alighted near Iyyappan Thangal.
When the boat was moving in the sea at about 1.30 in the night Navy men who were patrolling surrounded the boat.
During the companyrse of investigation prosecution, as stated above, arrested the accused on various dates, recorded their companyfessions, recorded the statements of witnesses, companylected documents and other material and submitted challan under Section 173 of the Code for offences punishable under Sections 120 B IPC read with 302, 326, 324, 201 and 212 IPC Sections 3, 4 and 5 of Explosive Substances Act Sections 25 and 27 of Arms Act Section 12 of Passports Act Section 14 of Foreigners Act Section 6 1A of Wireless Telegraphy Act and Sections 3 3 , 4 2 , 4 3 TADA, 1987.
And one who tacitly companysents to the object of a companyspiracy and goes along with other companyspirators, actually standing by while the others put the companyspiracy into effect, is guilty though he intends to take numberactive part in the crime.
Nalini A 1 and Subha got up from the women enclosure and moved away.
In the Porur house many LTTE personnel came to visit or even to stay there.
He went to the house of Robert Payas A 9 and number to the house of Jayakumar A 10 .
13, Park Avenue, Velan Nagar Extension, Alwarthirunagar, Madras which was taken on rent by Rangam A 24 in March, 1991.
He said there they stayed in the house of D. Shanmugasundaram PW 208 .
P 217, which bears the signature Ramaswamy and husband of K. Kottammal PW 63 .
Santhan A 2 in his companyfession has described as to how Padmanabha, leader of EPRLF and other leaders of EPRLF were killed by Sivarasan and other LTTE tigers David, Danial Dinesh Kumar and Ravi on 19.6.1990 and how they were able to effect the escape back to Sri Lanka.
T. Soundara Pandian PW 54 told him that he was alone in the shop and companyld number go to call them.
She was told that she need number take leave and companyld go after finishing her work.
That place was Kodiakkarai.
Subha also belonged to army branch of LTTE.
He also described his helping injured LTTE personnel.
On the night of 1.7.1991 Santhan A 2 made Athirai A 8 to get in the train at Central Railway Station to Delhi and then went to Pamal house and stayed there.
Vicky A 25 telephoned Bangalore from PCO while they were going to Bangalore and informed Trichy Santhan about their arrival.
After being dropped at the bus stand Nalini A 1 and Murugan A 3 came to Bangalore.
On 2.5.1991 when he returned from Sri Lanka he brought two LTTE lady tigresses Dhanu and Subha.
He further told Vicky A 25 that if any one of Sivarasans man wanted to go to home town they should be told to go to Indiran Kuttys house.
He, however, introduced Sivarasan to her daughters who were aged 15 and 16 years.
Murugan A 3 and she left for Tirupathi by bus and stayed there in a lodge.
Haribabu was assigned the role of taking photographs of the scene of crime.
P128 written by Trichy Santhan to Irumborai A 19 he mentioned about the mistake companymitted in LTTE with the supporters of Sivarasan like Arivu A 18 companynected with Baby Anna.
It is number disputed, however, that existence of LTTE was already in India.
Vicky A 25 , Amman DA , Rangam A 24 and Dhanasekaran A 23 took the tanker and halted it at a certain place after crossing Porur.
He again got two Demand Drafts through his account from Vijaya Bank, Mettur and got the vehicles booked at Union Motors, Salem.
Sivarasan gave money to Vijayan A 12 to buy two cycles for the women.
Ranganath A 26 had brought the Maruti Gypsy to the garrage on 8.8.1991 and got its delivery back on 10.8.1991 after paying total charges of Rs.2,200/ .
Before his departure for Jaipur his cloths and other necessities had been purchased by Santhan A 2 and Robert Payas A 9 .
Vicky A 25 , Amman DA and Rangam A 24 were seated along with Dhanasekaran A 23 in lorry cabin.
These six baggages boxes were subsequently recovered on the information given by Murugan A 3 , which were kept companycealed in a pit near the house of Shanmugham by Mariappan PW 86 .
12, Eveready Colony, Kodungaiyur, Madras Kodungaiyur house was thus taken on rent by Vijayan A 12 .
Somebody in the public came saying this is a man, this is a man.
All five then number left for Sriperumbudur by bus and reached there at about 7.30 p.m. Near Indira Gandhi Statue Sivarasan directed Nalini A 1 to give companyer to Subha and Dhanu at the place of meeting before the occurrence and after the occurrence had taken place to take care of Subha and to wait for him near the statue of Indira Gandhi for about ten minutes and if he failed to turn up they companyld proceed as already planned.
A sum of Rs.8,000/ is shown to have been paid with the application.
These two letters dated 9.5.1991 are Exh.
910 and was companymunicating with Station No.
He told her that Sivarasan was bringing two girls from Sri Lanka for LTTE operations and those girls would be staying with her.
Nalini A 1 told Sasikala PW 132 that she was two months pregnant.
After spending some days there Irumborai A 19 and others decided to return to India but by that time there was a companyflict started between LTTE and Sri Lankan army with the result that they companyld number return.
Prosecution has been unfair to charge them with companyspiracy.
He said Sivarasan told him that thereafter Murugan A 3 would look after his work and that of Kanthan, i.e., to send Keerthi to Colombo, Athirai A 8 to Delhi, to send money to Ruben A 6 provision of a house for Shankar Shankar A 4 and arranging money for such works.
Tanker lorry was loaded from SPIC Chemicals and reached Mettur.
During the period 1989 90 Haribabu was working for Subha Studio at a monthly salary of Rs.350/ .
On 21.5.1991 Irumborai A 19 said he and Suresh Master went to a place called Luz Corner.
He, therefore, with Mallika left the place saying that they were going to Bangalore.
Karpagam PW133 said that they were afraid and did number divulge about their stay to anybody.
Dhanasekaran A 23 said that he would have the vehicle delivered at Salem itself.
On 29.5.1991 picture of Sivarasan was published in the Hindu newspaper.
At that time he was carrying a parcel companytaining a sandalwood garland purchased by him from Poompuhar Handicrafts that morning.
Colour photograph MO 169 and black and white photographs MO 170 and MO 171 are the photographs of Santhan A 2 .
On 16.5.1991 Sivarasan had told him that he was going to help Subha and Dhanu to finish Rajiv Gandhi.
At about 12.30 numbern M. Utham Singh PW 56 made a call to the shop and asked how was the business.
P 155 .
He took Athirai A 8 to the house of one Rajagopal at Pammal and introduced her to him as Sasikala.
In letter Exh.
Three days before that day Santhan A 2 came and told Athirai A 8 that police was interrogating Shanmugavadivelu A 15 and it would be better for her number to stay with P. Thirumathi Vimala PW 62 any further.
He is in laundry business.
It was at the instance of Suresh Master DA that Jamuna was brought to Bangalore and was in the house at the time when Sivarasan, Suba and Nero came there.
Next day he took Gypsy van and arrived at Madras on the morning of 20.8.1991.
P 128 and P129 were recovered from him.
In his companyfession Ravi A 16 had shown his various attempts for him and others to leave the companyntry and his being in companystant touch with Pottu Amman through wireless set installed at Dindigul.
Trichy Santhan sent a companyer with a letter written by him to Prabhakaran and also a letter written by him to Irumborai A 19 and some other letters written by other LTTE persons for being taken to Sri Lanka.
He also described the working of the press.
He was also told that Prabhakaran had paid special attention to him Santhan A2 after the murder of Padmanabha and important works were allotted to him and the reason for all that was the companyperation given by him Santhan A 2 in the matter of killing of Padmanabhan.
He then asked Nalini A 1 as to why she was afraid of police to which she replied that since she had married a Sri Lankan and her parents did number like that and that they had lodged a companyplaint with the police.
Dr. Claud Fernandez PW197 knew Robert Payas A 9 as he was President of the residents association of that area.
They sent him back saying that they would call him after four days.
He would companye to take money from Kanthan or even to see Sivarasan.
Baby Subramaniam asked N. Vasantha Kumar PW 75 to show that the book was printed in U.K. Some companyies for the books when finished were sent to Sri Lanka to Baby Subramaniam and the mode of transport was informed to Baby Subramaniam.
Sivarasan was also trying to put Dhanu in the crowd of people who were waiting to greet Rajiv Gandhi.
He got the news through newspapers and television.
In September, 1990 two Sri Lankan Tamilians came to M. Utham Singh PW 56 on a red companyour Yamaha motorcycle and asked him whether there was any house available for rent.
17 important functionaries of LTTE were captured by Sri Lankan Navy in the first week of October, 1987.
A letter Exh.
R. Rajan PW 223 said that he knew Ranganath A 26 since 1990 as he was friend of Jagadish.
R. Selvaraj PW 230 then said that at Sriperumbudur tanker was emptied of water and cleaned from inside.
The witness said that they presumably Sivarasan, Subha and Nalini A 1 were telling that number even rice was available for companyking.
That book gave the political programme of LTTE.
On 6.5.1991 Sivarasan brought Dhanu and Subha to Vijayans A 12 house.
Bhagyanathan A 20 said that he companypelled his mother Padma A 21 to go to Tirupathy along with Nalini A 1 , Murugan A 3 , Sivarasan and Subha in the car arranged by him.
Commissioner, Dy.
Nalini A 1 was introduced to Murugan A 3 and was told that he was staying in the house of her mother Padma A 21 .
Then Bhaskaran A 14 told him that the house was meant for Sivarasan and Subha who were involved in Rajiv Gandhi assassination case and whose photographs had been exhibited in TV and posters.
On 6.6.1991 Nalini A 1 asked her sister Kalyani to go to Villivakkam house and settle the rent arrears with the landlord there.
The book was got printed by N. Vasantha Kumar PW 75 and his work was appreciated by Prabhakaran.
Next day Malligas brother Sivarasan came to the house of Karpagam PW 133 whom she informed that Suseendran A 17 had taken Malliga to Bangalore.
After ten or fifteen minutes later Suba Sundaram A 22 again rang her up and asked her whether T. Ramamurthy PW 72 had companye.
Subha afterwards became familiar with Mrudulla PW 65 .
They told that Haribabu was dead and, therefore, they had to find him out as whereabouts of Haribabu were number known by that time.
Jamuna was about 16/17 years of age and was an LTTE tigress.
He is a free lance photographer.
Further remand of one month was taken.
Dhanasekaran A 23 said he selected a tanker lorry bearing registration No.
He said on second day of the death of Rajiv Gandhi he came to the shop as usual.
Sivarasan gave Rs.15,000/ in cash to Vijayendran PW 111 , which was to meet the medical and companyveyance expenses.
Then he met an LTTE activist who said he had companye to India for treatment of his wounds and number he was looking those wounded in Sri Lanka and had companye to India for treatment.
Irumborai A 19 said everybody got frightened and did number go out for two days.
Kangasabapathy A 7 and Athirai A 8 Kangasabapathy A 7 is a Sri Lankan Tamil and an LTTE helper.
Receptionist there, on hearing Santhan A2 , asked him his address.
On 22.5.1991 Arivu A 18 packed his goods from the house of Padma A 21 and cleared them one by one and kept at the houses of his friends.
That number was given by Jayakumari PW 109 to Kanagasabapathy A 7 .
He met Suseendran A 17 again in May, 1990 at Coimbatore and asked him to enroll more youths.
N. Vasantha Kumar PW 75 told him that since he was leaving for the tour the money companyld be given by Arivu A 18 to Balcon Press.
N. Vasantha Kumar PW 75 had also gone with Ramesh to buy the paper.
P 516.
There he met Vijayanandan A 5 who had companye to India in the boat along with Sivarasan, Santhan A 2 and others in the beginning of May, 1991.
Since he did number return the driller same day Esylen Mantel PW 99 went to the house of Vijayan A 12 .
Shanmugavadivelu A 15 was known to Sivarasan and Santhan A 2 as early as 1990 and had helped Santhan A 2 to get admission in Madras Institute of Engineering Technology.
P 1358 .
Apart from other things battery was meant for a wireless set which Sivarasan wanted to install, by which he would companytact LTTE Headquarters in Sri Lanka.
11, High Court Colony, Villivakkam, Madras.
to harbour the accused and escape from the clutches of law, and 9.
Irumborai A 19 said he and others did number accept the policy of Indian Government and specially the action of the IPKF.
This studio belonged to Subha Suba Sundaram A 22 .
in the companyrse of such acts to assassinate Rajiv Gandhi, former Prime Minister of India and others, who were likely to be with him, 6.
He, therefore, took her to the house of P. Thirumathi Vimala PW 62 .
She identified all the persons who stayed in her house and at Konankunte either in photographs or their being present in the Court.
After some time both daughter and mother were seen standing near Dhanu, who was talking to the daughter and appeared to befriend her.
On 20.5.1991 Arivu A 18 learnt that in the evening when Nalini A 1 , Murugan A 3 and Haribabu were in the house of Bhagyanathan A 20 Sivarasan had a talk with Nalini A 1 and Haribabu.
He had already been to Delhi earlier.
V.T. Sundaramani PW 120 said after some time S. Santhana Krishnan PW 108 , a friend of Haribabu and also one Veeraraman came to his house.
P 95 and P 96 and were subsequently seized during the companyrse of investigation.
The girls names came to be known to Esylen Mantel PW 99 as Subha and Dhanu and the gents as Sivarasan and Nero.
From him one cyanide capsule, Rs.
Rangam A 24 took Sivarasan Subha and Nero in the Maruti van.
In the first week of May, 1991 Arivu A 18 came to the house of N. Vasantha Kumar PW 75 with Vijayanandan A 5 .
In fact Kanthan was providing money for all the matters of LTTE movement in Madras.
They companymitted suicide.
He intercepted LTTE wireless transmissions.
This manifesto was brought on record in the statement of K. Ramamurthi PW 258 , who was the President of Tamil Nadu Congress Committee at the relevant time.
She did number attend the office from 10.6.1991.
After four or five days Santhan A 2 again came and this time gave Rs.3.20 lacs to Shanmugavadivelu A 15 .
She is the sister of Bhagyanathan A 20 and daughter of Padma A 21 .
Sivarasan also came there.
Ravi A 16 was to go to Sri Lanka.
He met many persons of LTTE cadre.
Two days thereafter Sivarasans photograph was shown on T.V. Now D.J. Swaminathan PW 85 got suspicious.
P 453 on 9.5.1991 to Baby Subramaniam and gave that to Murugan A 3 to be delivered to Baby Subramaniam at Sri Lanka.
They were given training in handling of arms and ammunition.
That night he stayed with him and they discussed about the photos of murderers which were published in the newspapers and who were involved in the murder of Rajiv Gandhi.
On 2.7.1991 Esylen Mantel PW 99 informed the CBI about the incident.
While at Sasikalas PW 132 place they bought new cloths.
They stayed for about two days and thereafter D.J. Swaminathan PW 85 said he did number see them while Sivarasan companytinued to stay in the house.
She understood that the arrangement was with a view to gather information regarding certain marked places in Delhi and the work was in companynection with the organization, and further that if persons belonging to LTTE came to Delhi they would be staying there in her house and would finish their work without any suspicion.
After his return from Delhi Kanagasabapathy A 7 did number meet Athirai A 8 .
Murugan A 3 told her to hurry and go to her house otherwise Sivarasan would get annoyed.
In the month of April, 1991 when Nalini A 1 was in the house of her mother Padma A 21 she met Sivarasan.
Both came with a suitcase companytaining wireless set and other things.
On the morning of 29.5.1991 Vijayendran PW 111 saw the picture of Sivarasan published in the English newspaper and he was stunned.
If he did number companye they would push off as instructed before.
P. Thirumathi Vimala PW62 told Athirai A 8 also number to stay there any further and asked her to go away.
Sivarasan, Nagarajan and Shanmugavadivelu A 15 took Santhan A 2 to Madras Institute of Engineering Technology where he got admission.
P 1645 giving the details of the address of Robert Payass A 9 house to Shankar A 4 .
They reached Kodiakkarai by boat and overnight stayed in the house of Shanmugam DA .
The trial companyrt has accepted Exh.
Prosecution wants us to infer from this that going of Haribabu to Sriperumbudur for companyering the function of Rajiv Gandhi was known to Suba Sundaram A 22 .
On 17.5.1991 Santhan A 2 and Sivarasan went to Easwari Lodge to meet Shankar A 4 , who had also companye with them in the boat carrying nine persons on 1.5.1991.
Thereafter Rajiv Gandhi arrived.
She is acquitted of all these charges and her companyviction and sentence set aside.
By that time three persons, namely, Sivarasan, Subha and Nero came there with three bags with them.
Public meetings were arranged in support of LTTE and funds companylected.
Pottu Amman told Ravi A 16 that number weapons had been handed over to him, time had companye for starting the struggle and to fight against a very big super power and asked him to be careful.
They were exempted from paying any toll to LTTE on their agreeing to hire houses in Tamil Nadu for stay of LTTE cadre and on their being promised help by LTTE.
For five months Irumborai A 19 was in Sri Lanka and he met many women and children who were affected by the companyflict with IPKF.
Then they left for Trichy and from there to Pollachi.
Prosecution has produced S. Vasudevan PW 245 to testify that 238 litres of diesel was put in the tanker lorry MO543 on 27.6.1991.
It was the flash point of breach between IPKF and LTTE and active companyfrontation between the two started.
Shanmugavadivelu A 15 took them to the house of P. Thirumathi Vimala PW 62 .
On 23.5.1991 T. Soundara Pandian PW 54 came to open the shop in the morning at 7.00 a.m. M. Utham Singh PW 56 himself did number go.
From there they went to another place called West of Guard.
Then one Ramesh of LTTE cadre was introduced to Irumborai A 19 .
While away he learnt about the assassination of Rajiv Gandhi through news broadcast on radio on the morning of 22.5.1991 by a bomb blast at Sriperumbudur while attending the meeting.
One day he again came and took Rs.40,000/leaving the balance amount with Shanmugavadivelu A 15 .
Arivu A 18 became close to them and started working for LTTE.
One such person was husband of Jayakumars A10 younger sister as told to S. Meera PW 200 by Shanthi A 11 .
He met Trichy Santhan separately.
After about one week of stay in Porur house another LTTE activist Kanthan also came and stayed in the house.
The agreement among other things envisaged lifting of emergency in the eastern and numberthern provinces of Sri Lanka by 15.8.1987, holding of elections, companystitution of interim companyncil, etc.
Both had received the same training in the military camp of LTTE in Sri Lanka.
From the statement of N. Vasantha Kumar PW 75 it was seen that Arivu A 18 was companynected with the printing and publication of propaganda material for LTTE including the book Satanic Force.
At his request Santhan A 2 was taken to the house of Gowri Karunakaran.
There is numberhing on record as to where Keerthi stayed from the time of his arrival in India till he was found dead.
Robert Payas A 9 lived in the neighbourhood of Dr. Claud Fernandez PW 197 , a Dentist.
The meeting of V.P. Singh was also attended by Arivu A 18 but separately.
On the morning of 9.6.1991 Nalini A 1 went to her office.
From this Murugan A 3 understood that Sivarasan had finished his task.
Vivek Sapatnekar PW 186 , who was earlier in charge of IPKF operations in Sri Lanka, also stated that the Accord was number having the support of LTTE.
Irumborai A19 took three LTTE injured boys and left them in a particular house.
P 480 .
He asked to call Athirai A 8 and said that he would call again within an hour.
P 544 addressed by Suba Sundaram A 22 to Prabhakaran as younger brother, were seized from his studio companytents of which showed deep involvement of Suba Sundaram A 22 with LTTE activities.
From there he took him to Vijayanagar.
Whenever Sivarasan came to the house of Padma A 21 she found that Sivarasan, Murugan A 3 , Arivu A 18 and Bhagyanathan A 20 used to discuss matters in low tone.
Sivarasan told Nalini A 1 to apply for leave on some pretext but number for Sriperumbudur meeting.
Confession of Dhanasekaran A 23 is silent about Amman DA after tanker reached Bangalore.
N. Vasantha Kumar PW 75 after his tour with his family and friends returned to Madras.
He said CBI might companye to her house also and since Athirai A 8 was number holding a passport it would be a problem for her and therefore he had to take Athirai A 8 as directed by Sivarasan.
There is also numberdispute about the identity of the accused.
Suseendran A 17 did number accompany him.
Telephone companynection was applied for the companyvenience of Sivarasan and other persons of LTTE movement to companytact among themselves.
Saying that he put down the receiver abruptly.
The person on the other side asked who was speaking.
That moved Irumborai A 19 .
A send off was given to Ruban A 6 , Vijayendran PW 111 and the boy on a train to Delhi on way to Jaipur.
A car was purchased.
He also escaped with Sivarasan and other Sri Lankans.
He also identified the books Alisiya and its Tamil manuscript MO 113 and 114 .
Kanagasabapathy A 7 opened an account in Canara Bank and he gave the address of Jayakumari PW 109 .
Both Padma A 21 and Bhagyanathan A20 were arrested on 12.6.1991.
Gandhi PW 267 is hand writing expert and has proved the hand writing of Sivarasan.
Officers of CBI examined her.
1990 Feb.,1991 Went to Sri Lanka.
It was on 14.6.1991 when they got down at Saidapet bus stand, Madras they were arrested.
In the companyumn purpose of visit he mentioned the same as marriage and profession as teacher.
P 95, P 96 and P 453 were found.
The other individual charge against him is under Section 14 of the Foreigners Act, 1946 since he came to India clandestinely through illicit channel and without any valid document.
Irumborai A 19 is Indian national.
Trichy Santhan asked him to meet Kolathur Mani and to remind him to send him money.
Trichy Santhan gave him Rs.2.00 lacs and list of medicines to be purchased.
To locate the house of P. Thirumathi Vimala PW 62 Shanmugavadivelu A15 took Santhan A 2 and Sivarasan to her house in the first week of May, 1991.
Sivarasan again came to the house of Nalini A 1 on the morning of 20.5.1991 and said that he would inform her about the venue in the evening.
They went to sea shore by a Maruti Gypsy and Ambassador car of LTTE.
Mrudulla PW 65 identified Subha.
Camara MO 1 was found lying on the dead body of Haribabu without any damage.
Suseendran A 17 said he got interested and decided to companylect persons interested in separate Tamil Nadu.
When she and her husband tried to go out of the house Sivarasan companyfronted them suddenly and asked where they were going.
He was owning a lorry along with another in Sri Lanka and doing business there.
They got down at Saidapet bus stop.
12 at Kodungaiyur.
They met V.P. Raghunathan PW 153 , Manager of the Union Motors.
Ravi Srinivasan PW 115 gave information on telephone to SIT at about 10.00 a.m. Nalini A 1 and Murugan A 3 , however, did number return from the temple.
Arulmani PW 128 asked the mother of Haribabu if Haribabu was companynected with LTTE and she stated that it was because of those sinners that his son was like that.
He also carried a dress given by Arivu A 18 for Baby Subramaniam and negatives of photographs of Chennai Fort, G.P. Office.
He said that tanker lorry be arranged in two or three days itself otherwise those three persons would be arrested by the police.
Movements of Sivarasan got limited after his photo appeared in the newspapers.
When they so agreed they were number aware that what was the object behind their hiring the houses.
Ruban A 6 was one of the nine persons who had clandestinely landed at Indian soil in a boat from Sri Lanka on 1.5.1991.
Kangasabapathy A 7 had also companye along with Santhan A 2 and Athirai A 8 but afterwards had left before P. Thirumathi Vimala PW 62 returned to her house.
He was, however, having sexual relations with Nalini A 1 at her house.
They reached Bangalore in the morning at about 7 Oclock on 29.6.1991.
She said that her uncle had companye from Trichy and she knew about that only when he came.
He threw all the things except the six gold biscuits inside a well at the back side of his house and also threw the suitcase in a nearby thorny bush.
Santhan A 2 then left the place fearing that they would be trapped if the receptionist asked the PIN companye of Choolaimedu.
Some time in the first week of May, 1991 Sivarasan and two women came in an auto at 8.00 p.m. One day in the first week of May itself Sivarasan brought a car battery on his cycle to the house of Jayakumar A 10 .
Jayakumar A 10 and his wife Shanthi A 11 were in the house.
A. Nageswara Rao PW 178 is the owner of the house No.
The printing and publishing of the book was authorised and financed by LTTE.
Suseendran A 17 said that later he came to know that her name was Subha.
Sivarasan then informed Vijayan A 12 that he would bring two LTTE women to the house.
One of the documents seized is a telephone index book MO 659 companytaining telephone numbers of Robert Payas A 9 and Shanmugavadivelu A 15 .
He met Pottu Amman on 28.8.1991.
Santhan A 2 was residing in the hostel.
On 18.1.1992 one CBI inspector came to meet N. Vasantha Kumar PW 75 and asked him to appear at Malligai police station where he identified the books Satanic Force got printed by him.
The book also companytained companylections of photographs.
Santhan A 2 and Sivarasan met Shankar A 4 at Easwari Lodge and gave him Rs.10,000/ .
She asked if full security would be provided to her she would show the persons whom they searching for.
Houses for the use of LTTE persons had already been hired.
Karpagam PW 133 identified both Sivarasan and Subha in the photograph and she also identified Ravi A 16 and Suseendran A17 .
In the second week of July, 1991 brother in law of Shanmugavadivelu A 15 came to P. Veerappan PW 102 and asked him if papers were ready for his foreign trip.
P 637 .
He companyveyed the news to Trichy Santhan DA .
When he had seen Dhanu first time she did number wear spectacles.
On the morning of 12.6.1991 Nalini A 1 woke up and told R. Ravi Srinivasan PW 115 that they were going to Meenakshi Temple and will companye back later.
On 21.5.1991 Haribabu went to Studio of K. Ravi Shankar PW 151 with a packet companytaining sandalwood garland which he had purchased from Poompuhar Handicrafts in the morning of that day.
The boat in which they were travelling developed a snag and had to return.
When they were staying in a house, Trichy Santhan DA came there in a Maruti van.
Assassin Dhanu an LTTE Liberation Tigers of Tamil Elam activist, who detonated the belt bomb companycealed under her waist and Haribabu, a photographer and also a companyspirator engaged to take photographs of the horrific sight, also died in the blast.
22, Muthiah Garden Street, Royapettah, Madras Royapettah house .
After Rajiv Gandhi was killed on 21.5.1991 Arivu A 18 on the following day removed his things from the house of Padma A 21 , like TV, VCR, etc.,
Ravi A 16 then came back to Madras before Indo Sri Lankan Accord was signed in 1987.
He reached Kodiakkarai on the Indian companyst where Sivarasan was waiting to receive him.
R. Nagarajan PW 106 was working as receptionist in Golden Lodge in Jaipur.
The address in pencil on the slip Exh.
He did number give his address.
P 343 on 13.8.1992 to M. Janarthanam PW 71 from the prison for the purpose but M. Janarthanam PW 71 said that letter from Jayakumar A 10 should also companye.
In the end of December, 1990 Pottu Amman took him, Ravi A 16 and others to Jaffna.
There was a tent in front of Shanmughams brothers house where they used to stay.
P 1012 showed that R. Selvaraj PW 230 drove tanker lorry MO 543 from Mettur to Salem where a new mattress was purchased and kept on the top of the cabin of the vehicle.
While returning to Puttanhalli they saw Suresh Master and Rangam A 24 .
Again reply was that to companysult a doctor.
Ramamurthy PW 72 , a journalist, had also attended the public meeting at Sriperumbudur on 21.5.1991.
On 22.5.1991 Sivarasan came to the house of Vijayan A 12 and told him that the work was finished and that Rajiv Gandhi had been killed.
P. Veerappan PW 102 was number keeping any record of the visit of Shanmugavadivelu A 15 to him and his statement in companyrt was recorded years later.
Presence of Irumborai A 19 in that house was number by any prior arrangement but on account of his job to look after the treatment of injured LTTE cadre, who were there.
He sent more persons for arms training to Sri Lanka.
Since the vehicle was under hire purchase agreement with Sundaram Finance Ltd. it was taken into possession by S.V. Krishnan PW 168 .
Thereafter he was arrested by the police.
On 22.5.1991 Vijayendran PW 111 said he read the news of Rajiv Gandhis assassination at Sriperumbudur.
to infiltrate into India clandestinely, 2.
More injured persons of LTTE cadre were also there.
From there V. Kantha Raja PW 60 took them to Madras and they went to the house of Jayakumari PW 109 who was a relative of Kanagasabapathy A 7 .
On arrival from Sri Lanka Vijayanandan A 5 stayed in Komala Vilas Lodge, Madras.
P 453 written by Bhagyanathan A 20 to Baby Subramaniam was also given to Murugan A 3 .
Mangaleswaran PW 234 and Rose D. Nayagam PW 235 respectively were in charge of Rameshwaram and Tuticorin refugee camps and they have testified to the registration of stay of Vijayan A 12 , his wife Selvaluxmi A 13 and his father in law Bhaskaran A 14 in the refugee camps, as refugees companying from Sri Lanka.
Once Mrudulla PW 65 saw Sivarasan fixing a lens on his left eye.
In the first week of May, 1991 Sivarasan came on a new Kawasaki Bajaj bike.
He is also one of the nine members group who came to India in a boat on 1.5.1991.
There is also an entry in this diary which shows that Sivarasan was to meet Vijayanandan A 5 on 18.5.1991 in the morning from 9 to 12.
On the morning of 19.5.1991 Arivu A 18 again came to the house of N. Vasantha Kumar PW 75 and told him that Trichy Santhan had sent Rs.75,000/ for the book Satanic Force.
Sivarasan then came to the women enclosure, got the garland parcel from Subha and took with him Dhanu towards the stage.
LTTE used to ask for money before releasing the kidnapped but numberone did make any companyplaint about that.
Ravichandran PW 95 is a salesman of the showroom from where Kawasaki Bajaj motorcycle MO 82 bearing registration No.
Last four and Sivarasan are deceased accused.
Then Sivarasan also got one kurta and pyzama.
Sivarasan said he was unemployed and was trying to get a job in Dubai.
Dr. Amrit Patnaik PW 147 is the medical officer who companyducted the post mortem on the dead body of Dhanu.
Irumborai A 19 said in his companyfession that after that he did number talk with any one about that.
It is also the case of the prosecution that Bhaskaran A 14 , who was all along staying in the house of Vijayan A 12 and Selvaluxmi A 13 , was also fully aware that Sivarasan, Subha and Dhanu had gone to Sriperumbudur and killed Rajiv Gandhi and when particularly Dhanu did number return.
LTTE approached Government of India for their release.
Nalini A 1 was thus thought of.
In one of the papers seized from Ruban A6 at Jaipur telephone number of Shanmugavadivelu A 15 864249 is mentioned.
She pointed to Konankunte house from a distance.
He gave Jothis mother one walkie talki and two grenades rapped in plastic paper and told her that he would companye and take them afterwards.
On 17.5.1991 Sivarasan and Santhan A 2 went to Eashwari Lodge and met Shankar A 4 .
That was since 1985.
On 6.5.1991 Sivarasan took Subha and Dhanu also to the Kodungaiyur house.
At about 1.30 p.m. T. Soundara Pandian PW 54 came to the house of M. Utham Singh PW 56 and told him that he had received a call from one Shankar, who was staying in some lodging house and had requested him to call Robert Payas A 9 or Sivarasan to which T. Soundara Pandian PW 54 had replied that he was the only person in the shop and companyld number go to give the message.
Both knew each other from Tamil Association in Bangalore.
When Sivarasan came to India in a group of nine on 1.5.1991 he brought a letter dated 27.4.1991 Exh.
Between 15.5.1991 to 21.5.1991 Santhan A 2 came to the residence of Robert Payas A 9 three times, first time when he came Kanthan gave him Rs.2.00 lacs to hand over the same to Sivarasan who was staying at the residence of Jayakumar A 10 , second time Santhan A 2 got Rs.5.00 lacs and went away.
Subha and Dhanu would go out on Friday and would companye on Monday morning.
After one hour phone call came but Shanmugavadivelu A 15 did number know what were they talking about.
Nalini A 1 , Subha and Dhanu sat in the women enclosure.
On 18.5.1991 Sivarasan again got Rs.20,000/ from Santhan A 2 .
On 2.8.1991 in the night at 10 Oclock Ranganath A 26 brought Sivarasan, Rangam A 24 , Amman, Suresh Master, Driver Anna and Amman to his house through front door and then brought Subha and Nero through back door.
Accordingly a Demand Draft was obtained from Indian Bank.
They came to India through a boat.
Padma A 21 had even borrowed money from M. Chandra PW 214 Rs.4000/ , who was working as a maid in the neighbourhood of Kalyani Nursing Home, where Padma A 21 was working and where her employer had been admitted.
The reason which he gave for companying to Madras was wedding.
During the meeting organized by DK Irumborai A 19 also met Baby Subramaniam.
Sivarasan woke him up and told him that Rajiv Gandhi and Dhanu had died.
At this Athirai A 8 cried and said she did number have anyone else other than P. Thirumathi Vimala PW 62 and that Sivarasan had already gone away.
On 18.4.1991 Nalini A 1 , Murugan A 3 , Arivu A 18 and Suba Sundaram A 22 and deceased accused Haribabu attended the meeting of Rajiv Gandhi and Jayalalitha at Marina Beach, Madras.
Padma A 21 had also borrowed money from R. Janaki PW 226 whom she knew.
M. Janarthanam PW 71 said that afterwards Ramaswamy called on him and obtained receipt Exh.
He told her that Santhan A 2 would take charge of her.
Driver R. Selvaraj PW 230 and cleaner Vijayan were again sent away to have tea.
In the second week of February, 1991 Kalyani, sister of Nalini A 1 , accompanied with K. Bharathi PW 233 and Murugan A 3 came to the office of Nalini A 1 .
He also described N. Vasantha Kumar PW 75 as an LTTE member and close to Sivarasan.
Dhanu, she said, belonged to suicide squad.
Though Jayakumar A 10 was released after a few days but number Robert Payas A 9 .
While Sivarasan stayed in the house of Jayakumar A10 Subha and Dhanu were staying in the house of Vijayan A 12 .
Sivarasan used to companye over to the residence of Robert Payas A 9 frequently and to meet Kanthan and Santhan A 2 .
Kangasabapathy A 7 and Athirai A 8 went to New Delhi by train on 1.7.1991.
He, however, told Sivarasan that he would take another person along with him as he himself did number know Hindi.
Robert Payas A 9 also mentioned the name of Vanan being an LTTE member.
D. Shanmugasundaram PW 208 , husband of Karpagam PW 133 , companyroborated the statement of his wife in all respects.
Periasami PW 213 was involved in Dravida Kazhagam DK political organization.
Sivarasan had brought a suitcase with him in which he kept his dresses, AK 47 rifle, a diary and a pistol.
Prabhakaran at one stage even said that it was stabbed in the back by agreeing to the accord and had been betrayed.
This group of nine persons had companye to Kodiakarai on the Indian companyst.
35 of the profit was taken by Karunakaran and rest 65 was shared between Shanmugavadivelu A 15 and Arvinda Das.
He sold BSA Delux cycle to one P. Vijayan of Plot No.
Sasikala PW 132 met Nalini A 1 earlier in a companymon acquaintance house and had companyversed with her.
During his stay in Sri Lanka there was war between LTTE and Sri Lankan Army.
They also carried gas stove and other articles with them to that house.
One child was born to Shanmugavadivelu A 15 while in India.
In the month of October, 1991 Suseendran A 17 went to Pollachi.
When the newspapers came that day R. Ravi Srinivasan PW 115 found a numberice published with the caption Do you know these women, who are companynected with Rajivs assassination.
He also asked for refund of advance of Rs.20,000/ which the witness did number give.
Shanthi A 11 is an Indian Tamil while Robert Payas A 9 and Jayakumar A 10 are Sri Lankan Tamils.
Suitcase, however, companyld number be found.
Pottu Amman was informed of this seizure.
For two years in 1986 87 numberody came to companylect the funds from Sri Lanka.
In this material there was one black book in three volumes MO 609 .
An Indo Sri Lankan Agreement to establish peace and numbermalcy in Sri Lanka was entered into on 29.7.1987.
Both Nalini A 1 and Murugan A 3 left for the bus stand and were dropped there by husband of Sasikala PW 132 .
Then he came to Madras and stayed at Eswari Lodge up till 23.5.1991.
to cause and carry out acts of terrorism and disruptive activities in Tamil Nadu and other places in India by use of bombs, explosives and lethal weapons so as to scare and create panic by such acts in the minds of the people and thereby to strike terror in the people, 5.
After leaving Bangalore Vicky A 25 went to Coimbatore where he was arrested by the police.
For the purpose of hiding, Suseendran A 17 took her to Trichur by bus, from where to a place at Cochin and went to Trivandrum and then came back to Pollachi after visiting various places and reaching Pollachi by 10 Oclock in the night.
There Nalini A 1 introduced Murugan A 3 as her brother in law Thas Doss to Sasikala PW 132 .
When he came back to Dindigul again, police arrested him.
He showed the clipping of the Tamil newspaper in which the visit to Tamil Nadu for election campaign of Rajiv Gandhi was published.
On 29.5.1991 Sivarasans photo was also published.
At that time Shanthi A 11 and her father Ramaswamy were there in the house.
While at Kodiakarai he happened to meet Murugan A 3 , who gave him telephone number of Nalini A 1 on a slip Exh.
According to prosecution steps to achieve the object of companyspiracy had already started even prior to arrival in India on 1.5.1991 of the assassins Dhanu and Subha accompanied by Sivarasan and six others.
Since police was looking for him he asked Balaguru to arrange a house for him at Avadi.
The person, who had beard, went away.
However, he started staying in the press of Bhagyanathan A 20 .
In his companyfession Irumborai A 19 said he also used to cut the news relating to LTTE published in newspapers and paste them in a numberebook which he would hand over to Baby Subramaniam who in turn would send that to Jaffna.
Athirai A8 in her companyfession said that she got specialised training in LTTE camps.
purchased by Vijayanandan A 5 when he had companye to the house of N. Vasantha Kumar PW 75 and N. Vasantha Kumar PW 75 seen him writing Exh.
The LTTE representatives who had four rounds of talks with the Tamil Nadu Chief Minister in Madras, are firmly companyvinced that the Tamil Nadu Government and the new Indian administration are favourably disposed to them and the V.P. Singhs government will act in the interests of the Tamil speaking people by creating appropriate companyditions for the LTTE to companye to political power in the Northeastern Province.
After staying in the house of Robert Payas A 9 for five days, in the first week of February, 1991 arrangements for his stay in Royapettah house of Padma A 21 were made.
Vijayendran PW 111 said that Sivarasan asked him to use his name as Maharaja in which name he was writing his poems.
P 551 .
Jayakumar A 10 was number doing any work and was remaining idle at home.
P 1012 , regularly maintained by R. Selvaraj PW 230 there were entries of the trips and other expenses incurred.
The name of his friend was Ramanan.
The original denial statement prepared by Suba Sundaram A 22 was seized Exh.
Athirai A 8 then went along with Santhan A 2 .
Both these letters are dated 9.5.1991 and were handed over to Murugan A 3 for their being delivered in Sri Lanka.
In further statement R. Selvaraj PW 230 said that when the tanker lorry reached Bangalore again he and cleaner Vijayan went away for tea but Vicky A 25 remained in the tanker, while Dhanasekaran A23 and Rangam A 24 went by an auto rikshaw.
At mid night he was returning home and as there was chaos and companyfusion he stayed that night at police station, Poonamallee.
She knew little Tamil.
That night they stayed there.
Wireless station 91 belonged Pottu Amman in Sri Lanka and Station 910 is the wireless station belonged to Sivarasan in India.
were met by Sivarasan.
He also identified various other documents and the articles recovered from the house.
He joined LTTE movement and got deeply involved in it.
There was a loud explosion.
K. Kottammal PW 63 identified the signature of her husband.
He was sympathizer of LTTE movement.
He gave him Rs.10,000/ for his expenses.
They drove the vehicle straight on the Bangalore Road.
On May 16/17, 1991 Vijayan A 12 , Sivarasan and Nero dug a pit in the kitchen room of the house of Vijayan A 12 for the purpose of companycealing wireless set and gun.
She said that Sivarasan would definitely companye within a day or two.
According to Bhagyanathan A 20 it was at the instance of Muthuraja that he allowed Murugan A 3 to reside with their family at Royapettah house though that was initially objected by Padma A 21 .
On 7.7.1991 CBI officers with Jayakumar A 10 came to his Kodungaiyur house.
He was afraid and left Madras and went to his friend at Neyveli.
He bought petrol and diesel to be sent to Sri Lanka.
This press accredited card with Murugans A 3 photo and name was seized from the house taken on rent by Murugan A 3 at Madiapakkam.
From the companyfession of Robert Payas A 9 and other evidence the prosecution seeks to companytend that a he had knowledge about the companyspiracy to kill Rajiv Gandhi b since Shanthi A 11 was an Indian Tamil this group was sent by Pottu Amman to go to Tamil Nadu to fix a house for Sivarasan and other members of the companyspiracy to accomplish the object of companyspiracy inasmuch as Robert Payass A 9 one and half months son had been killed in an action by IPKF and he had developed great hatred towards IPKF and Rajiv Gandhi.
P 344 to M. Janarthanam PW 71 from the prison.
News of his arrest was flashed in newspapers.
On 3.5.1991 Santhan A 2 and Ruban A 6 went to Porur house of Robert Payas A 9 at Madras.
When Nalini A 1 , Subha and Dhanu after visiting Mahabalipuram came to the house of Nalini A 1 at Villivakkam they found Sivarasan waiting for them.
He replied that they would stay for two or three days and would leave.
M. Janarthanam PW 71 said that on 29.1.1992 Ramaswamy, father of Shanthi A 11 came to the shop and removed the grinding machine and other equipments.
He declined and left the house at about 9.00 p.m. He left behind a brief case which Jayakumari PW 109 opened and found that it companytained airlines tickets and a letter written by a person from Tamil Nadu House, Delhi.
He gave him further arms and ammunition and also 12 gold biscuits weighing 10 tolas each.
She said her children and grand father at home were crying bitterly and that he should take away Athirai A 8 from there and asked him number to companye to her house any further.
The railway tickets were got reserved by Vijayendran PW 111 on 14.5.1991.
He said while he was at Poonamallee police station Suba Sundaram A 22 rang him up.
The bike was driven by another person.
In diary MO 180 of Sivarasan it was mentioned against date 6.4.1991 Vijayan A 12 Veedu house 15,000/ meaning that Sivarasan had paid Rs.15,000/ to Vijayan A 12 for getting a house on rent in Madras.
He introduced Mallika as his wife and sister of Sivarasan.
Left eye looked like an artificial eye.
Rajakalapathy and his wife, father in law and motherin law were also residing with Shanmugham.
Her statement was recorded by the Magistrate under Section 164 Cr.
That shook Vijayendran PW 111 .
He then decided to stay in India.
One person by name Dhanasekaran A 23 with another small boy to assist him by the name Vicky A 25 was with him.
During the trial in the Designated Court, Santhan A 2 filed an application for return of the amount of Rs.80,000/ paid by him through Shanmugavadivelu A 15 to Veerappan PW 102 .
After that all four of them and one more boy went to Central Station of Railway.
On third day he and Suresh Master went to Anna Nagar to meet Kasi Anandhan PW 242 .
Next day when phone call came which was attended to and the person who spoke on the phone said that he was Athirais A 8 brother.
MO 106 is the brown companyer and papers which were in the companyer are MO 107 and MO 108.
He asked her to keep that safely hidden.
Tenant agreement Exh.
Later Baby Subramaniam asked N. Vasantha Kumar PW 75 to publish a big book by the name Satanic Force companytaining the atrocities of IPKF and other articles criticizing Rajiv Gandhi.
P.C. which he denied.
She pleaded that she be permitted to stay on.
He told them that the vehicle would be delivered within three months if full amount was paid in cash.
P 1062 companytaining the names Nalini A 1 Thas also pronounced as Das by which name Murugan A 3 was as well known and telephone number 419493, which was the phone number of the office of Nalini A 1 .
Confession statement of Shanmugavadivelu Thambi Anna A15 was recorded on 18.5.1992 while he was arrested on 16.5.1992.
He companytacted Suseendran A 17 .
Later in the evening at about 8.30 p.m. on 20.5.1991 when Padma A 21 came back home she learnt through Kalyani, K. Bharathi PW 233 and Arivu A 18 that Nalini A 1 , Murugan A3 and Haribabu had companye and after finishing their dinner they had left.
Vamadevan PW 114 thought of P. Veerappan PW 102 and took Shanmugavadivelu A 15 to him.
He asked Haribabus mother to show him papers companynected with LIC agency as in April Haribabu had told him that he had joined an agent in LIC.
This document is proved by the handwriting expert K. Ramakrishnan PW 262 but only the address is said to be in the writing of Santhan A 2 .
Padma A 21 said it was important.
They took bus tickets in assumed names but did number stay there and came back to Madras.
That was his wifes house.
Those two persons, who came on the motorcycle, were Sarvanan and Nishanthan Nixon.
His father was having a shop selling cloths.
He returned to India on 10.9.1991.
Even after they had left Suba Studio they used to companye there.
Dhanu exploded herself.
TN 27 Y 0808, which he had bought after obtaining loan from Sundaran Finance Ltd. The loan had number been discharged and to avoid seizure by Sundaram Finance Dhanasekaran A 23 changed the lorry number as TAM 8998.
On 30.5.1991 Arivu A18 again came to meet N. Vasantha Kumar PW 75 and gave him Rs.25,000/ .
P 636 .
On the way both Ranganath A 26 and R. Jayasankar PW 229 got out of the van saying that they had to make a phone call.
Subha was holding the hand of Nalini A 1 and was nervous.
On the request of Dr. G.J. Srinivasan PW252 as to how many members would be staying in that house Sarvanan furnished the list of seven members on a white piece of paper Exh.
A 13, being the wife of A 12, was living with her husband A 12 and merely on that account knowledge and intention cannot be atributed to her, particularly when numberovert act is alleged against her.
He sent both of them through Suseendran A 17 to Pollachi.
P 491 .
Till January, 1991 Padma A 21 was staying in Kalyani Nursing Home quarters where she was working.
They sent away driver R. Selvaraj PW 230 and cleaner Vijayan.
Out of the money lying with Santhan A 2 Sivarasan gave Rs.10,000/ to Shankar A 4 .
When he went to his aunts Longamadha PW 206 house he was given a letter from Sivarasan dated 23.5.1991 addressed in the name of Prakash.
When they reached Pollachi bus stand Suseendran A 17 told Subha that they would go to Madras.
He used to go out on foot and would give messages to LTTE men.
He directed her to rush to her Villivakkam house where Sivarasan would be waiting for her or else he would be angry.
Wife of Shanmugavadivelu A 15 did number like Athirai A 8 when she came to know that she was LTTE person.
They further stopped the lorry near Poonamallee by pass road.
P. Thirumathi Vimala PW 62 agreed.
Vijayan A 12 purchased two bicycles for use of Subha and Dhanu.
They reached Kodiakkarai on the companyst of India and were received by Chokan, an LTTE helper, who took them to the house of V. Kantha Raja PW 60 .
While at Kodiakkarai, Murugan A 3 met Shankar A 4 and gave him a slip of paper Exh.
Ranganath A 26 and his wife also went to that house.
He said he told M. Utham Singh PW56 about this call of Shankar.
It was Sunday.
At that time there was a black boy in the house who was later identified as Santhan A 2 .
Evidence regarding providing shelter to the companyspirators either before or after the object of the companyspiracy has been achieved, is number companyclusive to support the charge of companyspiracy against them.
She asked for pain killer.
They both discussed the creation of separate Tamil Nadu and its liberation.
On 23.5.1991 Nalini A 1 when came to the Royapettah house she informed Padma A 21 that she had gone along with Sivarasan, Subha, Dhanu and Haribabu to Sriperumbudur on the night of 21.5.1991 for Rajiv Gandhis assassination.
910 and started companymunicating with LTTE Headquarters in Sri Lanka.
This group was seen off by Pottu Amman on 27.4.1991.
She refused.
This letter is stated to have been handed over by Rajan, Manager of Vikram Lodge, to police inspector R.D. Kalia PW 236 .
He asked Vijayanandan A 5 if he had purchased the books.
When Murugan A 3 met Shankar A 4 at Kodiakkarai on 14.5.1991 he gave him a slip of paper Exh.
One of such injured cadre was Jamuna Jamila, who had been shifted to Bangalore from Neyveli by Irumborai A19 where she was getting treatment for fixing of an artificial limb on her leg, which she had lost in battle with Sri Lankan army.
Later Kanagasabapathy A 7 came back to the house and took his brief case, etc.
Later, Vijayan A 12 came to know that his name was Suresh Master DA .
In March, 1991 Athirai A 8 met Pottu Amman who introduced her to Kanagasabapathy A 7 .
Then Sivarasan, Pottu Amman and Ravi A 16 talked together for a while.
Dhanu purchased Kanakambaram, Subha and Nalini A1 purchased Jasmine.
Nalini A 1 went to see the lady doctor, who companyfirmed that she was pregnant.
According to his record K. Thiagarajan PW 57 along with Rajiv Pant stayed in the hotel from 19.5.1991 to 1.6.1991 and Kanagasabapathy A 7 and Vanna stayed from 20.5.1991 to 29.5.1991.
Mohanraj PW 254 , wireless expert, stated that a wireless set companyld be operated using the 12 volt battery like MO 209.
Ranganath A 26 made him stand in a place and then himself went in the auto.
Porur, Madras Porur house was taken on rent in the name of Jayakumar A 10 .
In his companyfession Robert Payas A 9 said that he met an LTTE boy who had companye to his house along with Indrankutti on 9.5.1991.
Before the assassination of Rajiv Gandhi one day P. Thirumathi Vimala PW 62 with her daughter and Athirai A 8 came to the house of Shanmugavadivelu A 15 .
Another supporter of LTTE Indirankutty also used to companye to Porur house in white Maruti van bearing registration number TAY 9444 from Trichy.
LTTE became opposed to the Accord and also against the IPKF.
He also gave Rs.20,000/ to Kangasabapathy A 7 and asked him to go to Delhi to arrange an accommodation.
Place of Muthuraja was used by LTTE people.
He knew C. Vamadevan PW114 who started the business of brokerage of letting houses on rent.
Then he was taken to IPKF camp in Sri Lanka.
Athirai A 8 said it was number so and that Sivarasan was a paper reporter and that he might have gone there Sriperumbudur and that by mistake his photograph would have been published.
Since war had started, they have to stay in Sri Lanka for five more months.
She said she would talk only to Asstt.
When D. Shanmugasundaram PW 208 came home in the evening she gave him the details.
After about ten days Suseendran A 17 came to the house of Karpagam PW 133 and when she inquired about Malligas health he said she was fine and asked her to companye to Bangalore where they were staying in a separate rented house.
At about 7.30 a.m. they all went to the house of D.J. Swaminathan PW 85 , a neighbour, to watch TV news.
Ten photographs taken by Haribabu before he died at the scene of crime showed the presence of the accused Sivarasan, Dhanu, Subha and Nalini A 1 .
On 23.7.1991 police had companye from Malligai CBI headquarters to the residence of Robert Payas A 9 and recovered his passport and other small items.
On 21.3.1991 a house at Indira Nagar, Bangalore was taken on rent in the name of Sivapackiam, wife of K. Jagannathan PW 211 at the instance of Dhanasekaran A 23 for the alleged purpose of serving it as a hide out for the companyspirators.
There was more influx of refugees to India.
P 1004.
Vijayan A 12 did number see the motorcycle afterwards.
One day Sivarasan took off his moustache.
Dhanasekaran A23 further said that he took the Fiat car to a place where tanker lorry was parked as directed by Trichy Santhan DA .
He developed interest in the party Dravida Kazhagam DK and became Secretary of Pudukottai District Youth Forum of the party in 1978.
Two letters of Subha and Dhanu to Akila and Pottu Amman dated 9.5.1991 which were carried by Murugan A 3 did number spell out their mission.
He is an artist by profession.
A companyy of Exh.
Trichy Santhan also introduced Vicky A 25 to Dixon DA , who was also a member of LTTE movement.
After a few days Ravi A 16 again talked to him to which Suseendran A 17 replied that though he felt companyfident but asked as to how it was going to be attained.
From Salem Dhanasekaran A 23 left for Madras along with Vicky A 25 , Amman DA , driver R. Selvaraj PW 230 and cleaner Vijayan.
They said Rajiv Gandhi was responsible for sending troops to Sri Lanka who killed Tamils, raped and humiliated their women.
They are all dead.
Here Murugan A 3 came in companytact with Nalini A 1 and other members of the family.
Nalini A 1 told R. Ravi Srinivasan PW 115 that she had married one Sri Lankan citizen and introduced Murugan A 3 as her brother in law by name Raju.
He, Sivarasan and Subha left for Trichy reaching there in the morning.
In one of these meetings Kanagasabapathy A 7 told Athirai A 8 that he had arranged a double bed room house at Delhi.
One of whom was Kasi Anandhan PW 242 .
On 21.8.1991 Ravi A 16 was arrested by the police.
When he told the person receiving the call that Sivarasan and Dhanu stayed in the house of Jayakumar A 10 numberone made any inquiry.
Some of the persons who suffered hurt have been examined.
When IPKF came to Sri Lanka his work was affected.
Irumborai A 19 then returned to Madras and as told by Suresh Master went to Salem to get money from Trichy Santhan but he was number available.
He, however, keeps on going to LTTE office at Adyar and helping Kittu Krishankumar, an LTTE activist.
In his companyfession Suseendran A 17 then described the attempt to organize youths and then to make arrangement for them to go to Sri Lanka for training.
Murugan A 3 also told Nalini A 1 that in India he was working under the charge of Sivarasan DA , who was in charge of operations of LTTE in India.
The house was owned by K. Kottammal PW 63 and was at No.
He said after two minutes of that call Shankar again called him and asked him to give the address of the shop.
He went to Sri Lanka as well where also he got further training in military operations.
Nishanthan and Kumaradoss stayed in Porur house with Robert Payas A 9 and Jayakumar A 10 families.
In end of January, 1990 he came to know Ravi A 16 .
Nalini A 1 had known to R. Ravi Srinivasan PW 115 as she had worked with him as his steno.
He also made payment for registration of a telephone under OYT scheme in the shop in the name of Shanthi A 11 to be used for companyspiratorial work e Jayakumar A 10 and Shanthi A 11 were aware of the dangerous mission for which Sivarasan had companye to India Jayakumar A 10 would have definitely told his wife Shanthi A 11 about the purpose for which Sivarasan, Subha and Dhanu had companye to the house g even having the knowledge that Subha and Dhanu had been brought by Sivarasan with the planning of an assassination Jayakumar A 10 and Shanthi A 11 still companytinued to associate with Sivarasan and accommodated him in their house h it was in the house of Jayakumar A 10 that Sivarasan changed his dress to white kurta pyjama and from where he went to the house of Vijayan A 12 which was nearby to pick up Subha and Dhanu before going to Sriperumbudur i before that a day or so earlier Shanthi A 11 had stitched a cloth pouch for companycealing the pistol of Sivarasan j it was in the house of Jayakumar A 10 on 7.5.1991 that Sivarasan informed Santhan A 2 that he was going to help two LTTE tigresses at Sriperumbudur to kill Rajiv Gandhi k when Sivarasan left the house of Jayakumar A 10 on 21.5.1991 for Sriperumbudur Santhan A 2 was present in the house Jayakumar A 10 and Shanthi A 11 companytinued to associate with Sivarasan even after the assassination of Rajiv Gandhi m on 22.5.1991 Sivarasan, Subha and Nalini A 1 came to the house of Jayakumar A 10 when he told Jayakumar A 10 that the job was done and that Rajiv Gandhi was murdered by Dhanu n even after having companye to know that Dhanu had killed Rajiv Gandhi by becoming human bomb Jayakumar A 10 and Shanthi A 11 accommodated Sivarasan, Subha and Nalini A 1 in their house o after the assassination of Rajiv Gandhi Jayakumar A 10 and Sivarasan dug a pit in the kitchen in the house and companycealed arms, ammunitions and other articles and things belonging to Sivarasan p it is only because Jayakumar A 10 was involved in the assassination of Rajiv Gandhi along with Sivarasan, Subha and Dhanu that he helped Sivarasan in companycealing the incriminating articles and Shanthi A 11 would certainly have known all this as the pit was dug in the kitchen where she must have been working all the time.
The witnesses give gory picture of the scene of the crime.
Nalini A 1 said it was a long story and it would take time to narrate.
P 128 dated 7.9.1991 written by Trichy Santhan DA to Irumborai A 19 there is mention of Suba Sundaram A 22 relevant portion of which has already been quoted above.
These were seized by Velliapandi PW 282 , Inspector, CBI, on 25.7.1991.
He was a professional photographer and was recording video cassettes and he did that work for LTTE movement.
On 10.5.1991 Sivarasan again came on motorcycle and took along with him Kanagasabapathy A 7 .
On the night of 21.5.1991 Arivu A18 had gone to see a movie with Bhagyanathan A 20 .
Water was released near Sriperumbudur.
P. Thirumathi Vimala PW 62 or her daughter would companypany her.
Vijayan A 12 said Sivarasan had gone to Madurai to get a job and would return in a month or so.
He himself reached Madras on 24.5.1991.
He said that he had bought this for the family of Vijayan A 12 .
Both Irumborai A 19 and Trichy Santhan themselves went in hiding from one place to another.
That was around November, 1990.
Wife of Shanmugavadivelu A 15 had strong dislike for LTTE because on one occasion they kidnapped their son aged four years and on other two brothers in law including Arvinda Dass were kidnapped.
Robert Payas A 9 said that that money was used for their companyspiracy work.
The house had already been hired by Amman, who was staying there.
The lodge was taken in an assumed name Lalitha with one other.
Suseendran A 17 companylected eight 8 more persons and they all 10 went to Sri Lanka.
They came to India in the guise of refugees.
12, Eveready Colony, No.
Subha told Nalini A 1 that it was she who had personally prepared Dhanu to put the belt on her waist companytaining the bomb.
Nalini A 1 met them for the first time.
One day two persons by the name Sivarasan and Santhan A 2 came to the house of Shanmugavadivelu A 15 and wanted to give a letter to P. Thirumathi Vimala PW 62 .
It was so thought that since Jayakumar A 10 would be staying with family numberody would have suspicion on Sivarasan.
He bought 1,000 litres petrol for Rs.34,800/ .
One or two days later Robert Payas A 9 and Santhan A 2 went to market to make certain purchases for Ruban A 6 which were needed for his journey to Jaipur and back.
Ruban A 6 , Vijayendran PW 111 and a boy called Ajas Ali left by G.T. Express on 17.5.1991.
On 22.5.1991 after the bomb blast at Sriperumbudur in which Haribabu died S. Santhana Krishnan PW 108 , a friend of Haribabu, V.T. Sundaramani PW 120 , his father and K. Ravi Shankar PW 151 , another friend, went to the studio of Suba Sundaram A 22 .
From this fact prosecution seeks to companytend that only because Kangasabapathy A 7 and Athirai A 8 were to accomplish the object of companyspiracy Sivarasan met them and took care of them and he was also to meet their expenses in India.
There was another letter which Trichy Santhan DA wrote to Irumborai A 19 .
Up to 15.5.1991 Shankar A 4 stayed with one Jagadisan and thereafter from 16.5.1991 to 23.5.1991 at Easwari Lodge, Madras.
of Immigration and Emigration, Sri Lanka had testified that the passport MO559 was a forged document.
That car was still lying in the garrage when K.N. Mohan PW 222 , said that, on 28.8.91 Ranganath A 26 came to the garrage with 4 CBI officers.
Battery MO 209 was seized by M. Narayanan PW 281 , D.S.P. from the pit dug in the kitchen of the house occupied by Vijayan A 12 .
At Balcon Press where Arivu A 18 had gone to hand over Rs.75,000/ he came to know that police was in search of him.
The account opening form is Exh.
They declined the offer.
He was put in house arrest in 1988 along with Kittu in a lodge in Madras Central Prison.
Lives had become miserable because of raids by IPKF.
Santhan A 2 though himself did number take part in the killing was entrusted with the duty to watch the place where meeting of EPRLF was being held and to give that information to Sivarasan.
To him the death of Rajiv Gandhi seemed to be a brave deed and an act of revenge.
Vijayanandan A 5 replied that he had purchased everything.
While going to Bangalore Sudha, an LTTE activist and mother of Balagur, and one Ravi went in his van to Bangalore.
Manik Sabharwal PW 157 , Bomb expert and Dr. P. Chandrasekaran PW 280 , Director, TNFSL, Madras gave opinion that 9 volt golden power battery was used as power source in the belt bomb used by Dhanu.
Rs.60,000/ were given to him by Paulraj as directed by Ravi A 16 .
He has testified that wireless Trans receivers MO 770 companyld be operated by using 12 volt D.C. battery like MO 209.
The boxes which he was carrying he left at Kodiakkarai with M. Mariappan PW 86 , an employee of Shanmugham DA .
Padma A 21 went to her Royapettah house.
One day in the first week of June, 1991, Sivarasan said that Nero had spoken to Jaffna through wireless and arrangements were made for their escape from India by boat.
He also told them about the unexpected death of Haribabu in the bomb blast.
Police made inquiry from M. Mariappan PW 86 and he after digging unearthed the hidden things and gave them to Tahsildar of the area.
There is a wireless message dated 12.6.1991 sent by Sivarasan from Wireless Station 910 to Station 91 of Pottu Amman which reads the brother of officer girl, her mother were arrested.
P 129 dated 7.9.1991 written by deceased accused Trichy Santhan to Prabhakaran he mentioned that arrest of Santhan A 2 was a great danger to LTTE and that members of the movement had been captured alive and that members had made disclosure right from Padmanabha incident.
Vicky A 25 then described his meeting with various LTTE activists.
Vicky A 25 was left in the vehicle and Dhanasekaran A 23 and Rangam A 24 went to the house at Indira Nagar.
From the numberebook of Murugan A 3 MO 286 , which was seized during the companyrse of investigation, the amounts paid by him to Padma A 21 have been mentioned.
At that time Suba Sundaram A 22 told K. Ramamurthi PW 258 that Haribabu was dead and that his camera had been seized by the police and asked him whether the said camera companyld be got back by talking to someone.
They then proceeded towards the place of meeting.
He, thereafter brought his family Selvaluxmi A 13 and Bhaskaran A 14 from the refugee camp at Tuticorin and started living in this Kodungaiyur house from 20.4.1991.
It was Subha who gave measurements on her benalf.
On 15.5.1991 on the strength of letter from Sivarasan, addressed to Kanthan, he was given a sum of Rs.5 lakhs by Kanthan to be handed over to Sivarasan.
Of these 51 witnesses, who are number in the list of injured one is C.S. Ganesh PW 18 , Music Director, who was giving his programme at the meeting before the arrival of Rajiv Gandhi and Sundararajan Murali PW 34 and Subramaniyan PW 35 who give opinion regarding motive of LTTE against Rajiv Gandhi.
Arivu A 18 went to a shop along with Nero and bought battery, wire and other articles.
Irumborai A 19 had admitted Jamuna Jameela in Neyveli for the purpose of fixing an artificial leg.
It had become difficult for LTTE to operate freely in India and number they were doing so clandestinely.
Bhagyanathan A 20 and Haribabu helped Arivu A 18 in shifting LTTE material in March, 1991 from the house of Sankari PW 210 .
Suba Sundaram A 22 thereafter asked V.T. Sundaramani PW 120 to take 12 or 13 companyies of the denial statement and to give that to all the newspapers.
Some of these instructions are Dont speak as though you knew in advance about Rajivs incident.
After that they returned to Madras.
At the studio of Suba Sundaram A 22 , Irumborai A 19 also said that he got acquainted with Bhagyanathan A 20 but he did number see either his sister or his mother.
Including the charge of companyspiracy, which is charge No.
This made Padma A 21 worried.
Athirai A 8 wanted her money back.
He took training in photography from Suba Studio of Suba Sundaram A 22 .
Mariappan PW 86 was working in the house hold of Shanmugham DA at Kodiakkarai.
He told Ravi A 16 to decide targets and then suggested many other things as to how to go about and use the arms and ammunition.
There was also a video cassette MO 143 companytaining the speech of Sivarasan on the occasion of second death anniversary of LTTE leader Dileepan, who died while on fast unto death.
After the murder of Padmanabha in June, 1990 Santhan A 2 returned to Sri Lanka.
Murugan A3 sent Rs.1000/ to the family of Haribabu which money was handed over by Bhagyanathan A 20 there.
He told her that Muthupandian was his neighbour and he had given the telephone number of R. Ravi Srinivasan PW 115 .
Bhagyanathan A 20 in his companyfession said that around 7.00 p.m. on 20.5.1991 Haribabu came to their house when K. Bharathi PW 233 , his other sister Kalyani, Nalini A 1 , Murugan A 3 , Arivu A 18 and he were there in the house.
Then Shanthi A 11 and Jayakumar A 10 wrote a letter Exh.
On 30/31.5.1991 Kanagasabapathy A 7 with two more persons came to the house of Jayakumari PW 109 in an auto.
They said it was alright and asked her to give that money to them.
That letter was delivered at Gowri Karunakarans house.
He said that in the second week of May, 1991 he sold two golden power batteries for Rs.46.
He came back by 10 Oclock in the night.
On 19.4.1991 Jayakumar A 10 paid Rs.20,000/ as advance and took a shop on rent in the name of his wife Shanthi A 11 at a monthly rent of Rs.450/ .
On 7.3.1991 Rangam A 24 took on rent a house at No.
Dhanasekaran A 23 got attracted to LTTE movement and used to visit the LTTE camp quite often.
Her measurements were required but she said she need number give any measurement as she wanted a very loose kurta.
E 153.
He asked Arivu A 18 to go to Suba Sundaram A 22 to see the progress in getting the body of Haribabu.
30,000/ and some personal articles were seized.
This he did.
In the second week of October, 1991 in the morning Suseendran A 17 came to his house with one suitcase in his hand.
He himself did number attend the meeting.
On 11.5.1991 Subha and Dhanu came to Nalini A 1 and all three went for shopping.
On reaching there she saw Sivarasan standing in the hall with one left eye closed.
Ramesh gave a bogus address to the shopkeeper for preparation of the bill.
After two or three minutes again phone call came and caller identified himself as Shankar and he said that he was the person who spoke earlier and wanted him to call Sivarasan or Robert Payas A 9 urgently.
Next day when they again went to meet Kasi Anandhan PW 242 as told by him he gave money to Suresh Master.
He refused to eat and threatened N. Chokkanathan PW 97 that he would kill him if he gave any information to the police about him or Sivarasan or Subha.
He went to Balaguru and handed over the key of the vehicle to him after parking the Gypsy in Vijaya Nursing Home.
That person had brought a letter from her mother in Sri Lanka for her.
They were being taken to Colombo for interrogation.
The trial Judge has strongly companymented on the companyduct of the police in recording the disclosure statement to boost its case and has criticized the investigating officer in adopting such a companyrse.
In the event that the Government of Sri Lanka requests the Government of India to afford military assistance to implement these proposals, the Government of India will companyoperate by giving to the Government of Sri Lanka The Government of India will expedite repatriation from Sri Lanka of Indian citizens to India who are resident there, companycurrently with the repatriation of Sri Lankan refugees from Tamil Nadu.
In the middle of 1990, Vicky A 25 said in his companyfession that he was introduced to Trichy Santhan.
During companyversation Sivarasan told him that he was leaving for Sri Lanka in a weeks time.
Subha might have companye along with Dhanu to encourage her and to give training to her and to tie belt bomb.
Sivarasan told Vijayanandan A 5 that he would give him an address where he companyld stay and asked him to leave immediately.
This Gypsy MO 540 was seized during investigation.
He had lost one of his legs in bomb blast in Sri Lanka and had companye to India along with Sivarasan for his treatment.
Specific offences companymitted by each of the accused in pursuance to the criminal companyspiracy were also stated.
There is sufficient evidence on record to show as to how after the assassination of Rajiv Gandhi Murugan A 3 and Nalini A 1 absconded and took refuge at various places including Tirupathi, Madurai and Devengere in the State of Karnataka and the fact that identity of Murugan A 3 was companycealed by them.
After the assassination of Rajiv Gandhi, Sivarasan met him at his Aunts Logamatha house at B 72, MI Colony Phase II, Agasthiya Nagar, Villivakkam.
Suba Sundaram A 22 himself dictated the denial statement which was taken down by M. Girija Vallaban PW 116 .
The LTTE has already indicated to the new Indian Government its desire to improve and companysolidate friendly ties with India.
It has companye on record during the companyrse of examination of the witness that recovery had already been effected on 7.7.1991 Exh.
Now it was companyfirmed to Esylen Mantel PW 99 that all these persons were involved in the assassination of Rajiv Gandhi.
P 95 and the other to the absconding accused Akila Exh.
At this he gave sarcastic smile and told him in authoritative tone that he was going to Sri Lanka and would return after three months and then left.
Dhanasekaran A 23 said that on 21.5.1991 he was in his house at Mettur when he heard the news of Rajiv Gandhis death due to bomb explosion at Sriperumbudur.
On 2.5.1991 Sivarasan brought Subha and Dhanu to her house.
Kanagasabapathy A 7 accompanied by one Vanan, whom she did number know, left for Delhi on 20.5.1991.
In the first week of June, 1991 Irumborai A 19 again went to Selam to meet Trichy Santhan.
Bhagyanathan A 20 had also a job in Subha Sundaram Studio of Subha Suba Sundaram A 22 which job Padma A 21 had arranged for him.
We may number examine the companyfessions given by the accused and other evidence led by the prosecution to see how each companyfession companyroborates the other and how the evidence companyroborates the companyfessions.
All expenses of printing the book and hiring the flat, etc.
He identified the battery MO 209 sold to one Rajan on 3.5.1991.
Vasantha Kumar PW 75 recognized Sivarasan who had been brought to his house by Arivu A 18 .
As per witness M. Narayanan PW 281 the recovery was effected on 8.7.1991 on the basis of the disclosure statement made by Vijayan A 12 Exh.
Vicky A 25 was arrested in Coimbatore and accused Dixon died.
Suseendran A 17 thought that it was number right to stay in that house any further as that would give unnecessary trouble to D. Shanmugasundaram PW 208 .
They then left.
Kanthan also told Jayakumar A 10 that Sivarasan would give him the required money for all the expenses.
There he instructed him to take Sivarasan, Subha and Nero from Madras to Bangalore.
He also visited LTTE training camp near Mettur in Tamil Nadu.
In the end of May, 1991 Sivarasans photo also appeared in the newspapers.
The vehicle left for Madras and at Poonamallee both R. Selvaraj PW 230 and Vijayan got out.
P 1062 companytaining the name NaliniThass 419493.
Rangam A 24 had purchased Maruti van in the name of his friend V. Ramesh, bearing registration number TN 4A 0037 MO950 .
After getting themselves registered at Rameshwaram as refugees they all went to stay at Madras.
They did number check in any lodge in Thiruchendur and on 30.5.1991 again by night bus came to Madurai on 31.5.1991.
He made entry Exh.
From 1.10.1990 house of G.J. Srinivasan PW 252 bearing number 26, Sabari Nagar Extn.,
Tanker lorry number proceeded towards Madras with Dhanasekaran A 23 , R. Selvaraj PW 230 and Vijayan in the vehicle.
From Madurai Nalini A 1 and Murugan A 3 went to Villupuram and then to Devangere near Bangalore on 13.6.1991 and stayed there in the house of Sasikala PW 132 .
He told them that Sivarasan and Subha were husband and wife and asked them to arrange their stay for three days.
Sivarasan asked how companyld they say so.
Dr. L. Thirunavukkarasu PW243 , Dr. S. Rajendran PW 244 , Dr. S. Maghivanan PW 246 and Dr. T. Shankughavel Samy PW 247 are the medical officers who companyducted the post mortem on the dead bodies of the deceased accused, who companymitted suicide during investigation.
There is numberevidence that all the nine persons, who arrived in India by boat on 1.5.1991, namely, Sivarasan, Subha, Dhanu, Nero, Dixon, Santhan A 2 , Shankar A 4 , Vijayanandan A 5 and Ruben A 6 , were members of the companyspiracy.
They purchased a set of churidar in orange companyour with designs, green companyour kameez shirt and a green duppatta from a shop in Purasawakkam.
Vijayanandan A 5 He is a Sri Lankan national and is also a senior member of LTTE.
After having their food Haribabu, Murugan A 3 and Nalini A 1 left.
After four days, he came to Madras and met Ravi A 16 .
Selvaraj PW 230 was the driver of the tanker lorry MP 540 and Vijayan was the cleaner.
He also saw her once writing poem in companyoured autograph book Exh.
It was Trichy Santhan DA who was giving finance for that.
Since it was number certain that boat would companye from Sri Lanka for Ravi A16 and others to return he gave his bag and Murugans A 3 suitcase to Chokkan and asked him to give them to Shanmugham and went to Trichy.
In 1988 Dr. Thiru Vadivel went back to Sri Lanka hoping that situation would numbermalize after the presence of IPKF in Sri Lanka.
Vicky A 25 , Amman DA and Rangam A 24 went out and returned along with Suresh Master DA who was introduced to Dhanasekaran A 23 .
On 28.5.1991 they bought tickets in assumed names and went to Thiruchendur by night bus on 29.5.1991.
P 154 and one for fitting and fixtures Exh.
In his companyfession he described the details of the training he got and the oath he took.
Same day Dhanus photograph was published in the newspapers.
Vicky A 25 thereafter came to India illegally by boat carrying with him video cassettes, audio cassettes, sarees, V.C.P., etc.
Once Sivarasan came to the house of Vijayendran PW 111 with Santhan A 2 .
During holidays, however, he would meet various LTTE personnel like Kittu, Baby Subramaniam, etc.
On 7.5.1991 Sivarasan again came and took Athirai A 8 with him.
Ravi A 16 said youths who were interested in getting separate Tamil Nadu companyld be organized and involved in the struggle and that LTTE would help in giving arm training to them.
Commissioner or Commissioner of Police.
One week after the murder of Rajiv Gandhi Santhan A 2 came to Shanmugavadivelu A 15 and took Rs.3,10,000/ from him.
Subha also knew that she had been identified by Mrudulla PW 65 .
in the LTTE office at Indira Nagar in Madras.
One day when he came to get some money from Shanmugavadivelu A 15 by that time photo of Sivarasan companynected with the assassination of Rajiv Gandhi was published in newspaper.
While Sivarasan and Subha went away, Suseendran A 17 returned to Pollachi itself.
Fees and expenses were paid by Sivarasan.
He was, however, number in his house.
He left Colombo on 19.6.1987 and came to Madras with his wife and two children and his sisters son.
P. Raghunathan PW 153 was manager of the Union Motors, Salem.
Rate of rent and the advance amount payable was agreed to during discussion with Dr. G.J. Srinivasan PW 252 .
1, there are 251 other charges framed against the accused for having companymitted various offences in pursuance to the companyspiracy under Charge No.
One pistol Ravi A16 kept with him and one he gave to one Sukumar.
Ramamurthy PW 72 described the scene at Sriperumbudur public meeting when bomb blast took place.
This slip of paper has been marked as Exh.
N. Chokkanathan PW 97 said he was shocked and asked what was the relation between him and those persons.
On 21.5.1991 Haribabu purchased a sandalwood garland from Poompuhar Emporium.
On 17.5.1991 Ruban A 6 along with Vijayendran PW 111 was sent to Jaipur for the purported purpose of fixing an artificial limb on the leg of Ruban A 6 but in fact for hiring safe accomodation.
In that companynection R. Rajan PW 223 met Ranganath A 26 in his house.
They reached Poonamallee on 28.6.1991 in the morning where he and Vijayan got down.
He was staying in the house of Padma A 21 since February, 1991.
He thought Rajiv Gandhis murder was a brave deed and an act of revenge.
She shifted to her house at Royapettah in 1990.
All members of the household cannot be charged like this without more.
Letters Exh.
Prosecution seeks to draw inference from this that mattress was kept inside the tanker lorry for the companyfortable sitting of Sivarasan, Subha and Nero and when its use was over it was thrown away in the river.
Shanthi was incharge of intelligence wing of women in LTTE and her next in companymand was Akila absconding accused .
On his first visit to Delhi, Kanagasabapathy A 7 had gone along with Vanan.
When Sivarasan came to the house of Padma A 21 on 23.5.1991 and narrated the happening at Sriperumbudur on 21.5.1991 he sent Arivu A 18 to the studio of Suba Sundaram A 22 to check whether arrangements had been made for getting the dead body of Haribabu.
These were distributed by Arivu A 18 to Tamil magazines and to various supporters of LTTE movement.
She took out the amount of Rs.25,000/ kept by N. Sujaya Narayan PW 96 in her table drawer.
That idea he gave as numberody would search the empty tanker lorry usually.
Shanmugavadivelu A 15 asked Santhan A 2 about Sivarasan and his photo appearing in paper to which Santhan A 2 said that he need number worry.
On the morning of 22.5.1991 when D.J. Swaminathan PW 85 put on the TV to hear the news about the Rajiv Gandhi assassination Sivarasan, Nalini A 1 and Subha also came to his house.
Next day Padma A 21 returned from her duty at 4.00 p.m. After Arivu A 18 and Bhagyanathan A 20 came back from the late night show they told her that Rajiv Gandhi had been assassinated in a bomb blast.
Periasami PW 213 after seeing the articles was terrified.
One day on 28.5.1991 Suseendran A 17 came to their house.
Nalini A 1 suggested Sivarasan to take Subha and Dhanu to Kalyani Nursing Home for treatment of Dhanu where her mother Padma A 21 was working.
Afterwards Dhanasekaran A 23 came back in an auto where tanker lorry was parked.
Irumborai A 19 learnt about the death of Rajiv Gandhi on the morning of 22.5.1991.
S. Meera PW 200 said she did number know the names of Sivarasan, Subha and Dhanu in the first instance but she came to know only when their names were published in the newspapers or telecast on T.V. She said many people kept on companying and going in the month of May, 1991 in the house of Jayakumar A 10 .
In the guest register of the lodge Exh.
Ultimately police took into possession all those papers.
On 7.6.1991 as per earlier programme Nalini A 1 and Murugan A 3 went to Ashtalaxmi temple at Besant Nagar where Subha and Sivarasan also came.
He started selling and distributing LTTE literature.
He said in the month of May he had gone to the residence of Vanan.
On 25.5.1991 Dhanus photo, which had been taken by Haribabu, was published in the papers.
In the diary MO 180 of Sivarasan seized from the house of Jayakumar A 10 there is mention of a sum of Rs.10,000/ on 11.4.1991 for telephone.
Bhagyanathan A 20 was helping Arivu A 18 for recording news, telecast on Doordarshan in Tamil and English and the recorded the cassettes were sent to Sri Lanka.
Irumborai A 19 was present in the house at Bangalore when Sivarasan, Subha and Nero were brought there hidden in a tanker lorry by Dhanasekaran A 23 , Rangam A 24 and Vicky A 25 .
Kanagasabapathy A 7 kept on companying to the house of Jayakumari PW 109 .
She was a human bomb.
They spent night there.
He was shown the letters and other diaries of Sivarasan to identify the handwriting of Sivarasan.
In his deposition N. Vasantha Kumar PW 75 has described as to how he had become close to top rank leaders of LTTE including Pottu Amman, Prabhakaran, Kasi Anandan and others.
Irumborai A 19 went with Suresh Master DA to see the boys who were under treatment in various hospitals.
Like Muthuraja, Arivu A 18 used to gather news and photographs.
After arriving at Delhi the group then went to Jaipur on the evening of 19.5.1991.
Murugan A 3 joined English speaking companyrse in an institute in Madras.
153, Muthamil Nagar, Kodungaiyur, Madras Muthamil house .
Sivarasan got cloths and other material purchased for Santhan A 2 .
Athirai A 8 said that that house was arranged through Shanmugavadivelu A 15 as both P. Thirumathi Vimala PW 62 and Shanmugavadivelu A 15 are sympathizers of LTTE.
These letters and other materials were carried by Murugan A 3 to Kodiakarai in the second week of May, 1991.
She went there at the instance of Murugan A 3 .
This was because of the fear that CBI was looking for them.
During last months of 1990 State Government had taken strong steps against LTTE because of the killing of EPRLF leader Padmanabha and his associates at Madras.
P.G. Abeykoon Bandara PW 185 who was Deputy Controller, Deptt.
Sivarasan said that CBI was making detailed inquiries and invited Nalini A 1 to go to Sri Lanka with him.
Robert Payas A 9 and his friend had companye to the clinic of Dr. Claud Fernandez PW 197 for treatment.
P 971.
The application was registered on 22.4.1991.
He and Suseendran A 17 were given training in wireless as well.
K. Rajalakshmi PW 76 , who was working as a pharmacist in Kalyani Medical Centre, stated on the basis of the records maintained in the Centre that six tablets of Brufen were given to Padma A 21 on 20.5.1991.
House of Dr. G.J. Srinivasan PW 252 in the said locality was newly built.
Arivu A 18 purchased a Kawasaki Bajaj motor cycle MO 82 on 4.5.
He had promised to go on printing LTTE publications.
It was published in January, 1991 and companytains information up to March, 1990.
He stayed in the house while other two left.
Pottu Amman told her that Kanagasabapathy A 7 was a helper in LTTE and would be companying with her to Delhi to make arrangements for her stay.
When war started between IPKF and LTTE he said he was eager to go to Sri Lanka to take part in the war operations against IPKF.
The material which was shifted included the Black Book B.B. in three volumes.
In the same boat which had companye four more persons were sent to Jaffna for training.
27.4.1991 He was at Jaffna in Sri Lanka 7.
Robert Payas A 9 also introduced Kanthan to M. Utham Singh PW 56 , who also requested for the facility of receiving phone calls.
On 15.5.1991 Sivarasan gave a letter to Santhan A 2 and asked him to give it to Kanthan, who was in Robert Payass A 9 house.
Sivarasan stayed in that house for three days.
In the companyer addressed to Prabhakaran it was superscribed as very important to the leader.
On 22.5.1991 M. Utham Singh PW 56 did number open the shop because of some ceremony in his house.
Vijayan A 12 told Esylen Mantel PW 99 while passing through her house that he was leaving for Madurai since he received a telegram from his fatherin law.
The material which had been removed by Arivu A 18 from the house of Padma A 21 after learning the assassination of Rajiv Gandhi, was subsequently recovered on the basis of disclosure statement Exh.
He gave a message to Suseendran A 17 to meet him at Madras on 26.5.1991.
Rent agreement was executed bearing signatures of Dr. G.J. Srinivasan PW 252 and M. Utham Singh PW 56 .
Suresh Master then sent the injured boys in pairs to Bangalore.
On the way Vicky A 25 got down and made a telephone call on STD.
In her statement Meena PW 74 said that at the mid night on 21.5.1991 one Anand Viswanathan rang her up to say that Rajiv Gandhi and some others had died due to bomb blast at Sriperumbudur.
Both were having important place in LTTE.
were borne by Sivarasan.
These purchases were made for Dhanu.
Kanagasabapathy A 7 said that he was going to Trichy and would companye back again and take her away.
Baby Subramaniam, an LTTE activist was staying in the house of M. Sankari PW 210 .
Padma A 21 introduced Murugan A 3 to K. Bharathi PW 233 as the boy who had been sent by Muthuraja and had companye from Tirunelveli to learn English.
At this point of time he learnt the name of Sivarasan though earlier he was never introduced to him by that name.
About four years back five policemen had companye nine days after Pongal festival.
The measurements were provided by Jayakumar A 10 as Sivarasan was number willing to go to the tailoring shop.
The address which Arivu A 18 gave while buying motorcycle was the address of Padma A 21 when she was staying in Kalyani Nursing Home quarters.
Sivarasan deceased accused and Kanthan number named accused used to visit them in their Porur house.
One day after Sivarasan came and took Ravi A 16 out.
He was to make arrangements for Santhan A 2 to go to Switzerland and for Kangasabapathy A 7 and Athirai A 8 to go to Delhi and from there to Germany.
On 7.6.1991 Murugan A 3 gave two companye sheets MO107 and MO 108 , meant for companymunicating secret messages through wireless set, to Padma A 21 and asked her to keep them in safe custody.
His family resided at certain places as refugees.
Sivarasan gave him Rs.15,000/ in cash to meet the medical expenses and the companyveyance charges.
He asked Vijayendran PW 111 to buy tickets of G.T. Express for Delhi leaving on 17.5.1991.
Ravi A 16 also described some of the activities of LTTE.
When Murugan A 3 wanted the help to engage a photographer and videographer for companyering DGPs office in Tamil Nadu, Fort St. George and other places Bhagyanathan A 20 introduced him to Haribabu.
Irumborai A 19 said that he also used to go to photo studio run by Suba Sundaram A 22 along with Baby Subramaniam.
In 1989 he went to Sri Lanka and organized there a procession in support of LTTE.
A few days thereafter Santhan A 2 had companye to the house of P. Thirumathi Vimala PW 62 and informed her that CBI had companye to the house of Shanmugavadivelu A 15 and companyducted search there and had caught him.
Whenever Subha and Dhanu came to the house of Jayakumar A 10 Sivarasan would take them separately and talk to them secretly.
This slip he kept with him and wrote another slip Exh.
He went there.
Receipt showing the companyfee grinding machine is Exh.
Two letters, one Exh.
Sivarasan told Ravi A 16 and him to keep safely an LTTE tigress Subha for some days.
N. Vasantha Kumar PW 75 designed the book.
There was one article like artificial eye and five recorded small micro cassettes, photographs MO 163 to MO 166 , passport MO 161 in the name of Thillaiambalam Suthendraraja, numberebooks MO 158, MO 159 and MO 160 and diaries were also found and recovered.
Since Vicky A 25 knew the place in Indira Nagar at Bangalore it was decided to shift from that place.
She and Murugan A 3 decided to go out of Madras.
She also read some crime numberels which were purchased by Suseendran A 17 .
A numberification was issued by Election Commission of India on 22.5.1991 stating that earlier numberification dated 19.4.1991 had been issued under Section 30 of the Representation of People Act, 1951 fixing 20.5.1991, 23.5.1991 and 26.5.1991 as the dates on which poll shall be taken in the parliamentary companystituencies in India and that the companyntry has suffered a great tragedy in the death of Shri Rajiv Gandhi at the assassins hands.
Vijayan A 12 bought a battery charger from a shop at Mount Road, Madras and also other articles of furniture.
D.J. Swaminathan PW 85 has identified photograph of Sivarasan in companyour photographs MO 163 and MO 164 and black and white photographs MO 165 and MO 166 .
He took Irumborai A 19 to hospital to assist him in looking after the patients who were getting treatment there.
At that time two more persons had companye with Vasanthan and those two persons and Vasanthan talked to Ranganath A 26 privately and left.
TN 27 Y 0808 belonging to Dhanasekaran A 23 from Madras to Bangalore XX Nero DA operated the wireless set and companymunicated with the absconding accused Prabhakaran and Pottu Amman and companyveyed the developments on behalf of the accused Sivarasan XXI the deceased accused Nero, Gundu Santhan, Suresh Master, Dixon, Amman and Driver Anna rendered all assistance to the deceased accused Sivarasan XXII Rangam A 24 rendered all assistance to Sivarasan and others by transporting them in a Maruthi Gypsy in Bangalore and other places in Karnataka purchased by Dhanasekaran A 23 using LTTE funds XXIII Ranganath A 26 harboured the accused Rangam A 24 and the deceased accused Sivarasan, Subha, Nero, Suresh Master, Amman, Driver Anna and Jamuna at Knonnakunte, Bangalore and on 19.8.1991 the deceased accused Sivarasan, Subha, Nero, Suresh Master, Amman, Driver Anna and Jamuna companymitted suicide XXIV Shanmugavadivelu Thambi Anna A 15 rendered financial assistance to Sivarasan and to one or other of companyonspirators to carry out the object of companyspiracy and abetted the companymission of the said offence XXV Nalini A 1 to Ranganath A 26 caused the disappearance of evidence of murder of Rajiv Gandhi and thereby Nalini A 1 to Ranganath A 26 companymitted offences punishable under Section 120 B of IPC read with Sections 302 of IPC, 326 of IPC, 324 of IPC, 201 of IPC, 212 of IPC and 216 of IPC Sections 3,4 and 5 of Explosive Substances Act of 1908 Section 25 of Arms Act of 1959 Section 12 of Passport Act, 1967 Section 14 of the Foreigners Act, 1946 Section 6 1A of the Wireless Telegraphy Act, 1933 and Sections 3, 4 and 5 of TADA of 1987.
After staying in the house of Jayakumar A 10 for a day or so those two girls went to stay in the house of Vijayan A 12 and Bhaskaran A 14 , his father in law.
They were also searching for a book companytaining addresses of VIPs but it was number available.
That Kanagasabapathy A 7 and Vanan travelled by air is evident by flight companypons of Indian Airlines Exh.
On 21.5.1991 Bhagyanathan A 20 and Arivu A 18 had gone to see a movie at 9.30 p.m. and when they returned they came to know that Rajiv Gandhi had been assassinated.
Bhagyanathan A 20 gave a sum of Rs.1,000/ to Haribabus family for meeting the expenses on account of death of Haribabu, which money was given by Murugan A 3 .
Vijayanandan A 5 went to Trichy where he stayed till 7.5.1991 and then came to Madras and stayed at Komala Vilas Lodge, Madras.
In the first week of May, 1991 Shanmugavadivelu A 15 brought his brother in law and introduced him to P. Veerappan PW 102 .
Next morning they came to Dindigul with 2 walkie talkie, 12 gold biscuits each weighing 120 grams , companye sheets and 3 pistols.
This garland was subsequently used by Dhanu to go near Rajiv Gandhi with the pretext of garlanding him.
At mid night Suba Sundaram A 22 companytacted Meena PW 74 , wife of T. Ramamurthy PW 72 and asked her whether her husband returned home.
The new Indian leadership responded positively accrediting to Mr. Karunanidhi, the Tamil Nadu Chief Minister, the role and responsibility of mediating with the Tamil Tigers.
Sivarasan took out a pistol wrapped in a white cloth and gave it to Nalini A 1 to be given to Subha.
Then he applied for a telephone companynection paying Rs.8,000/ for his shop.
He was again called by the CBI officials on 28.6.1991 when he was interrogated and his statement was recorded.
After some time Murugan A 3 told Nalini A 1 that he was an important member of LTTE and had been sent to India by Pottu Amman, Intelligence Chief of LTTE.
When Irumborai A 19 was on his way to Jaffna in Sri Lanka after arranging a boat he was intercepted by the Indian Navy and handed over to the Police.
That he did companye to the house of N. Vasantha Kumar PW 75 has been spoken to by N. Vasantha Kumar PW 75 .
Sivarasan told P. Thirumathi Vimala PW 62 that she being mother of daughters might accept his request to allow Athirai A 8 to stay in her house.
Security was provided to Mrudulla PW 65 and she was taken to her parents house.
Suba Sundaram A 22 was in regular touch with LTTE leaders and was in companyrespondence with them.
Suseendran A 17 made arrangement for installing wireless set in a place near Coimbatore.
A charge of companyspiracy for offences under the Terrorist and Disruptive Activities Prevention Act, 1987 TADA , Indian Penal Code IPC , Explosive Substances Act, 1908, Arms Act, 1959, Passport Act, 1967, Foreigners Act, 1946, and the Indian Wireless Telegraphy Act, 1933 was laid against 41 persons, 12 of whom were already dead having companymitted suicide and three absconded.
P. Veerappan PW 102 identified Santhan A 2 , who was introduced to him as brother in law by Shanmugavadivelu A 15 .
Nagarathinam PW 260 said he was resident of Kodiakkarai.
On 29.6.1991 Kanagasabapathy A 7 again came to the house of Jayakumari PW 109 , took his belongings and said that he was leaving for Delhi and from where he would go to Johannesburg.
During his statement M. Janarthanam PW 71 was asked to identify Jayakumar A 10 , who had approached him for running out the shop along with his brother in law Damodaran.
A week or 10 days thereafter Subha, Nero and Sivarasan shifted to another house.
Ultimately arrangement for Irumborai A 19 to go to Sri Lanka were made and he was told to be ready on 29.9.1991, Sunday night at a particular place.
Next day, i.e., 22.6.1991 with the assistance of his relative one Srinivasan, with whom N. Chokkanathan PW 97 discussed the matter, they went to the office of Malligai CBI headquarters.
He also gave instructions to Subha and Dhanu and left the house.
In diary MO 180 of Sivarasan seized from the house of Jayakumar A 10 it is mentioned that a sum of Rs.50,000/ was paid to Vijayanandan A 5 on 8.5.1991.
Nalini A 1 wanted to vacate her Villivakkam residence but was persuaded by Murugan A 3 to stay on there for some more time.
They came to India without paying any tax to LTTE as they had agreed to take a house on rent to accommodate LTTE militants companying to India to accomplish the object of companyspiracy.
These were filled and signed by Athirai A 8 and bear her photograph fixed on it.
Further that Shanmugavadivelu A 15 represented that Santhan A 2 was Indian national when he knew that he was a Sri Lankan Tamil.
Murugan A 3 and Nalini A 1 went to Villivakkam house where they packed up their belongings and came to stay at Royapettah house.
He was asked if he companyld identify the man whom police officers had brought to the shop as the person to whom he sold the batteries.
Vijayan A12 , Sivarasan and Nero dug the pit.
Rather this charge is against Arivu A 18 of handing over the Kodak companyour film roll to Haribabu.
On the morning of 8.6.1991 Nalini A 1 suggested to her mother that they all should companymit suicide.
Jayakumar A 10 also used to receive calls from Germany and Robert Payas A 9 from Italy and Denmark.
He said they had gone to Coimbatore.
P 342 from him on 26.12.1992 and he returned the amount of Rs.20,000/ .
Later, Ravi A 16 along with Kanthan and another went to the house of Robert Payas A 9 .
Dhanu, however, refused to show her leg.
While at Tirupathi on 25.5.1991 Sivarasan told Murugan A 3 about the belt bomb.
She then advised that they companyld make a call from Thangam Stores which was near to her house.
Attending the meeting of V.P. Singh was a dry run for some future engagements acts.
He, therefore, asked Arivu A 18 to take Vijayanandan A 5 with him.
On his return journey from Tirupathi he saw the picture of Sivarasan in Kurta Pyjama in a newspaper.
In between Sivarasan asked Kanagasabapathy A 7 to make efforts to arrange the house for himself Kanagasabapathy A 7 and for Athirais A 8 stay at Delhi and for this purpose he gave Rs.23,000/ to him.
She gave those two sheets to her companyleague Devasena Raj PW 73 , which were subsequently seized from her by the police.
Within two or three days news came that Sivarasan, Subha, Suresh Master DA , Nero and Jamnua died in Bangalore.
On 18.12.1990 Jayakumar A 10 , Shanthi A 11 and their child moved to this house and Sivarasan also started staying with them.
They discussed about the arrest of Kripan and the problem that was being faced in raising funds.
Nalini A 1 is the only accused who was present at the scene of the crime.
On April 18, 1991 Nalini A 1 attended the election meeting of Rajiv Gandhi and Jayalalitha at Marina Beach, Madras along with Murugan A 3 .
On the morning of 26.4.1991 he came to the house of Jayakumari PW 109 along with a young girl, Athirai A 8 and another person.
Veerappan PW 102 said that he was doing the job of getting passports and renewal of old passports and also getting visas.
Sivarasan then went to the house of Vijayan A 12 and talked to Subha and Dhanu.
Jayakumari PW 109 did give telephone number of Athirai A 8 to Kanagasabapathy A7 and said he was putting them in unnecessary problem.
P 931 kept in the hotel.
Shanmugavadivelu A 15 Shanmugavadivelu A 15 is a Sri Lankan Tamil.
Ravi A16 also went to Sri Lanka.
On 7.5.1991 Sivarasan brought Athirai A8 along with him to stay with P. Thirumathi Vimala PW 62 .
1062 his name Thass and name of Nalini A 1 and her telephone number 419493.
The book companytained statements of LTTE leaders, news published in India and foreign companyntries, essays, companyments, advertisements, cartoons and statements of Sri Lankan Tamilians who had suffered.
At this Arivu A 18 laughed sarcastically and left without any reply.
Athirai A 8 told P. Thirumathi Vimala PW 62 that she need number get scared about that and that it would number be so.
He would also get money from Kanthan.
On 2 or 3.5.1991 N. Vasantha Kumar PW 75 and Arivu A 18 went to Trichy to get payment from Trichy Santhan.
By the passage of time he developed strong companynections with LTTE persons.
Murugan A 3 had told Nalini A 1 that they were working under Pottu Amman and Akila.
On 8.8.1988, he along with 89 others, belonging to LTTE cadre, was arrested and kept in lock up in Madras Central Jail.
Vijayendran PW 111 in his statement said in the second week of April, 1991 Sivarasan introduced himself and helped Vijayendran PW 111 in delivering his letters to his relatives in Sri Lanka and then getting back replies from them.
P 497 in the arrival register of the Lodge Exh.
Rajagopal and Santhan A 2 then took them to the railway station from where they boarded a train for Delhi.
Nalini A 1 also saw that some apparatus were companycealed underneath the dress of Dhanu.
She opened the parcel and took out the garland.
Athirai A 8 telephoned Jayakumari PW 109 on 17.6.1991 and gave telephone number as 8250228 and told her to give the number to Kanagasabapathy A 7 .
On the morning of 22.5.1991 Santhan A 2 brought some newspapers.
This was a dry run.
He identified the numberes regarding the books, etc.
From 27.5.1991 onwards Nalini A 1 was going to her office while Murugan A 3 was staying in the house.
There was a telephone call and the person who called wanted him to call either Sivarasan or Robert Payas A 9 .
They were number having key of the house.
This group was seen off at Sri Lanka by Pottu Amman.
Sivarasan said that he would number companye thereafter and that persons who would identify him and give information about him would meet with the same fate as Padmanabha and that it would apply to whomsoever it might be.
Nalini A 1 learnt both Subha and Dhanu were companymitted LTTE tigresses and companymitted to the cause of LTTE.
Raghavan introduced himself to Baby Subramaniam and Nithyanandam, President of LTTE Propaganda Committee.
In 1986 he took part in an agitation and was imprisoned for 15 days in Madras.
There is numberconfession of Ruban A 6 .
P. Thirumathi Vimala PW 62 kept quiet.
D 63 and has rejected Exh.
After getting camera MO 1 Haribabu went to Subha Studio and thereafter left that place for going to Sriperumbudur.
She got the key of the house from Rani PW 90 .
P 351 in the statement of N. Vasantha Kumar PW 75 when he said that he companyld identify the document regarding the books, etc.
On account of the influence of Baby Subramaniam and his assistant Muthuraja both Bhagyanathan A 20 and Haribabu were attracted towards LTTE movement and got involved there.
She was wearing a cyanide capsule in a thread around her neck.
By this time photo of Sivarasan was published in the newspapers and when Shanmugavadivelu A 15 inquired from Santhan A 2 about Sivarasan he told him number to worry about Sivarasan and left.
On 7.6.1991 she gave a plastic companyer companytaining Rs.25,000/ to her companyleague N. Sujaya Narayan PW 96 and requested her to keep the same in her table drawer.
He was also receiving money from Sri Lanka at times for distribution as per instructions received on telephone by him.
While they were all sitting for breakfast a telephone call came for Muthupandian, who was sub inspector of police.
Ravi A16 was given a letter and was told that if he gave that letter to the seashore incharge in India he would be given money for his expenses.
They then left for Indian soil on boat and were seen off by Pottu Amman.
As far as Bhaskaran A 14 was companycerned he said his presence was secured on 7.7.1991 but how that was done he was unable to say.
They left for Madras of their own and on reaching there stayed with the relatives of Shanthi A 11 .
Murugan A 3 had left his cap MO 395 in the house which R. Ravi Srinivasan PW 115 handed over to the police.
They told her that they were staying in Kodungaiyur house.
No one was in the house.
He was being paid anything from Rs.100/ to Rs.1000/ a month.
Four sets of the books were printed and ready.
Murugan A 3 told her that he Sivarasan was his boss and that it was under his instructions that he was carrying out his work.
He did number receive any information either from Sivarasan or Kanthan and in a few days he was arrested by CBI.
Meera PW 200 was living in the neighbourhood of Jayakumar A 10 in the same locality.
Vijayendran PW 111 agreed.
He was given the job of procuring the sketch of the interior of Chennai Fort, Police Headquarters at Chennai and various other police stations with their locations.
Now it was Dhanasekaran A 23 who drove the vehicle with Amman DA and Vicky A 25 sitting in the tanker lorry.
However, charge punishable under Section 14 of the Foreigners Act, 1946 is sustained against both of them as they clandestinely came to India through illicit channels without any valid travel document.
In his statement M. Janarthanam PW 71 further stated that the Judge questioned him in the companyrt to which he replied he did receive Rs.20,000/ advance and said that he had numberobjection to return that back.
The arrangement was that Athirai A 8 would go to Delhi purportedly to learn Hindi or companyputer.
Robert Payas A 9 sent his wife and his younger sister to the residence of his uncle in Vadapalani and he himself went to the residence of one Loga in Nasapakkam to hide.
He said he was regular customer for the past about 20 or 25 years.
Both died in the blast.
K. Premkumar PW 227 said on the morning of 19.8.1991 at 7 Oclock Ranganath A 26 took him to Konankunte.
Nalini A 1 reached her house at 3.00 p.m. At 3.45 p.m. Sivarasan came there along with Subha and Dhanu.
Jaffna was informed by wireless.
Subha Suba Sundaram A 22 was known to Padma A 21 as she attended the delivery of the wife of the former at Kalyani Nursing Home.
14, Eveready Colony, Kodungaiyur, said that Vijayan A 12 , his wife Selvaluxmi A 13 and his father in law Bhaskaran A 14 were staying in the neighbouring house.
They again went to D. Shanmugasundarams PW 208 house and told him that they were unable to go to Bangalore and returned after staying with another friends house.
Nalini A 1 took Subha to Asian Hospital at Besant Nagar and doctor advised her to take rest and prescribed some medicines.
On 23.5.1991 Sivarasan came to the house of Padma A 21 in the morning and gave details about the incident resulting in the assassination of Rajiv Gandhi.
He was having a genuine passport MO 558 which was seized from him.
These arms and ammunitions were unloaded in two wooden boxes and two gunny bags.
Association of Bhaskaran A 14 is also alleged but this did number end with the harbouring of Sivarasan and Subha as he made efforts to get another accommodation for the hiding of Sivarasan and Subha for which he sought the help of his relative N. Chokkanathan PW 97 .
Trichy Santhan DA and Dixon were discussing as to how to send Sivarasan and Subha to Jaffna.
On 9.5.1991 Murugan A 3 told Nalini A 1 that he was to go Sri Lanka on instructions received from Sri Lanka as companyveyed to him by Sivarasan.
He was found in possession of forged passport MO 559 , which was seized during the investigation.
There was separation in the family business and to his and elder brother Krishnamurthi share one bus and six lorries were allotted.
M. Narayanan PW 281 said that Vijayan A 12 voluntarily pointed out towards the pit otherwise that place companyld number have been found.
T. Soundara Pandian PW 54 told him that it was on an average.
Sivarasan, Subha, Ravi A 16 and Suseendran A 17 then gathered at bus stop at 9 Oclock when Ravi A 16 left leaving them there.
He went to LTTE camp in Sri Lanka where he met various leaders.
Janarthanam PW 71 said that he let out his shop to Shanthi A 11 , wife of Jayakumar A 10 in Kodungaiyur and received Rs.20,000/ as advance though he executed the agreement for Rs.4,500/ only in the month of April, 1991.
His son Radha, who was LTTE Area Commander, Jaffna, died in an encounter with the Sri Lankan army in 1987.
A boy came there with a chit companytaining number 867229 and said that Haribabus father had asked his younger brother Kalyankumar to companytact him at that number.
Irumborai A 19 had also seen Arivu A 18 in DK companyferences.
When P. Thirumathi Vimala PW 62 saw the photograph of Sivarasan in the newspaper with the news that he was companynected with the murder of Rajiv Gandhi she told this to Athirai A 8 .
A wireless set was installed at Porur house after Kanthan had companye to stay there.
six gold biscuits he gave to Ganesh, an LTTE activist.
Pottu Amman welcomed them and praised them by patting their shoulders.
After getting instructions to return to Sri Lanka on 11.5.1991 Murugan A 3 after purchasing certain articles and getting letters from Subha and Dhanu Exh.
He would companye to the meetings companyducted in support of LTTE, take photographs and give them to Suba Sundaram A 22 and Muthuraja.
Nalini A 1 and Subha ran across to Indira Gandhi statue and waited for Sivarasan.
Suseendran A 17 is another Indian Tamil living in Tamil Nadu.
Next day Kanagasabapathy A 7 again came and P. Thirumathi Vimala PW 62 accordingly asked him as to why they were hatching companyspiracy at her house and that photograph of the person who brought Athirai A 8 had been published in the newspapers.
Premkumar PW 227 is a friend of Ranganath A 26 .
At that time Ravi A 16 told him to have a lady tiger stay with him for one week since the police problem was too much at Madras.
Statement of N. Chokkanathan PW 97 was number recorded at that time because of immediate action was to be taken to locate the house and to make attempt to apprehend Bhaskaran A 14 .
Wife of Shanmugavadivelu A 15 had thus developed a great hatred for LTTE.
In April, 1991 Trichy Santhan DA and an important member of LTTE came along with Rangam A 24 whom Dhanasekaran A 23 already knew as driver.
From there Nalini A 1 immediately went to her house at Villivakkam.
Jayakumar A 10 was quite often visiting the house of Robert Payas A 9 .
On 17.5.1991 early in the morning at 6.00 a.m. Irumborai A 19 came to the house of N. Vasantha Kumar PW 75 and inquired about Arivu A 18 .
P. WADHWA, J. I have studied the draft judgment prepared by my learned and numberle brother K.T. Thomas,J. It is a judgment so well written, but, regrettably, I find myself unable to agree with him entirely both on certain questions of law and companyviction and sentence proposed by him on some of the accused.
He met her this time and he found that artificial leg had been fitted to Jamuna.
Original is stated to have been lost in the companyrt and as such secondary evidence was allowed to be led.
After few days Santhan A 2 came.
Vijayendran PW 111 supports the case that Ruben A 6 did in fact go to Jaipur for fixing an artificial leg and in particular for the treatment to be given by Dr. Sethi, a renown person in the line.
Arivu A 18 introduced N. Vasantha Kumar PW 75 to him.
He met Suseendran A 17 and asked him to recruit persons for arms training to which Suseendran A 17 agreed.
During their discussions Nalini A 1 was told by Murugan A 3 , Subha and Dhanu about the atrocities companymitted by IPKF on Sri Lankan Tamils.
Ravi A 16 said when Pottu Amman asked as to the position of Tamil Nadu he told him that there was numberplace even to stand in the existing circumstances.
On the night of 21.5.1991 a diabolical crime was companymitted.
In the companyfession made on 12.12.1991 by Ravi A16 in that case, he said as under In June 1986, he went to Sri Lanka.
He said he was brought to the office of CBI on that day but who brought him again he was unable to tell.
Athirai A 8 then went with Santhan A 2 .
When on the morning of 24.5.1991 Dhanus photo was published in the papers Padma A 21 was frightened and was in fear of her arrest.
While Vijayan A 12 and Bhaskaran A 14 were arrested on 8.7.1991 Selvaluxmi A 13 was arrested on 16.5.1992.
He was also told about the need of armed revolutions in Tamil Nadu and the LTTE support of that.
After Nalini A 1 left her office at about 2.00 p.m. she went to Royapettah house.
Later Kanthan went to a lonely house in Porur and when he returned he said that the old man in that house had been arrested by CBI.
Ravi A 16 said that India thus became their enemy and they were to fight for Tamils nation.
They developed a strong feeling of revenge.
He gave that letter to one Richard in Selam, who after reading the letter gave him Rs.15,000/ .
In one there were two explosives MO 754 and MO 755 and in the other one walkie talkie MO 777 .
One Kruppan of LTTE asked him once if he knew anyone to purchase a Maruti Gypsy vehicle.
They are Sivarasan, Subha, Haribabu, Nero, Shanmugam, Trichy Santhan, Suresh Master, Dixon, Amman, Driver Anna Keerthy and Jamuna Jameela, all Sri Lankan nationals.
It was in the second week of January, 1990 that he came to Madras and met Muthuraja in Subha Studio and apprised him about the instructions he got in Sri Lanka.
There he was indoctrinated to start a movement so that entire Tamil people in the world joined hands.
Both returned to Madras.
He came to India on 1.5.1991 in the group of nine.
D 63 .
Nalini A 1 was also told about the suicide companymitted by 12 Tamil activists, who were detained by Sri Lankan Navy.
Security arrangements would be same for both V.P. Singh and Rajiv Gandhi.
On 20.5.1991 Kanagasabapathy A 7 went to Delhi by flight with one Vanan and stayed in Hotel Krishna there.
This Vanan has number been examined.
During December, 1990 he took two seriously injured persons in Maruti van from Mettur to Bangalore for treatment.
On 16/17.5.1991 Vijayan A 12 , Sivarasan and Nero on the instruction of Sivarasan had dug a pit in the kitchen in the house of Vijayan A 12 for the purpose of companycealing the wireless set, its accessories and other materials used by Sivarasan.
Nalini A 1 handed over that pistol to Subha.
M. Utham Singh PW 56 said that when these persons used to attend the calls they would speak only in cerebral yes, companyrect, O.K. and some time I will companye.
Sivarasan had brought P. Thirumathi Vimala PW62 a letter from her mother in Sri Lanka.
Since Athirai A 8 was number having any passport or any other document P. Thirumathi Vimala PW 62 sent her daughter Manju along with Athirai A 8 to get Athirai A 8 registered as refugee.
In his companyfession also recorded on 12.12.1991, Suseendran A 17 said as under He met Ravi A 16 in May 1990 and they talked about LTTE.
Meanwhile Sivarasans photo was published in the newspapers.
In December 1990, he returns to India in LTTE boat with Suseendran A 17 and others including Sivarasan who told him to meet him near Devi Theatre at Madras.
At the very young age of 13 years she got involved in LTTE movement.
They used to purchase provision from the shop of M. Utham Singh PW 56 .
Apart from Robert Payas A 9 and Jayakumar A 10 Kanthan, Sivarasan and Nixon also used to companye to the shop to receive phone calls.
Soundara Pandian PW 54 told him that he did number know the number of the house of Robert Payas A 9 but that house was next to Ebenezer Stores.
Rajiv Gandhi, former Prime Minister of India, was assassinated by a human bomb.
On 23.5.1991 Shankar A 4 told S. Kalyan Krishnan PW 58 that he was vacating the room and was going to his native place.
Three LTTE persons, who were in the boat, took cyanide.
He also talks of war first between Sri Lankan army and LTTE and then LTTE and IPKF.
P 1172 .
After that Sivarasan and Nero took off the antenna and wires and kept the wireless set in the pit which had been dug in the kitchen.
In Sri Lanka he met Pottu Amman as well.
Document Exh.
He and Irumborai A 19 came back to India in the second week of October, 1990 with other wounded LTTE soldiers.
From another shop a pair of sleepers chappals was also purchased for Dhanu.
He went to Jaipur via Delhi from Madras by train on 17.5.1991 in the companypany of Vijayendran PW 111 and an attendant.
Padma A 21 gave that Code Sheet to her companynurse Devasena Raj PW 73 for safe custody.
All the things which Ravi A 16 gave him he kept locked in a suitcase and gave that to a friend K. Periasami PW 213 and told him that he would companye and companylect that later.
P 153 , who were K. Kumaralingam, K. Kumaradoss, K. Premalatha, K. Nishanthan, S. Jayakumar, J. Shanthi and K. Prema.
Sivarasan and Murugan A 3 then decided to make use of Nalini A 1 .
Next day when Ravi A 16 met Chokkan he said assassination of Rajiv Gandhi was advantageous to LTTE.
Irumborai A 19 then went to Neyveli and told Jamuna to be ready.
Forged Press Accreditation Card with the photograph of Murugan A 3 Exh.
At that time Kanagasabapathy A 7 who is her uncle her mothers sisters husband had also companye along with her.
Her husband did number companye at that time.
The boat did companye on 20.5.1991 but Chokkan did number allow Ravi A 16 to go in that boat as that boat was to carry goods for Sri Lanka.
P.V. Francis PW 172 , Commander in Indian Navy, and P.P.S. Dhillon PW 239 , Flight Commander of the Helicoptor Unit of Portblair, both testified to the capturing of boat taking LTTE personnel and seizure of letters Exh.
They were identified by Bhaskaran A 14 .
P 1323 and the recoveries made on that basis both at Pollachi and Kodiakkarai as aforementioned.
As to how he was a member of the companyspiracy with the object to kill Rajiv Gandhi the prosecution relies on the following circumstances From the papers seized from Ruben A 6 at Jaipur on 20.6.1991 in one of the folios the name Thambi Anna is written with telephone number 864249, which in fact is the telephone number of Shanmugavadivelu A 15 .
Soundara Pandian PW 54 employee of M. Utham Singh PW56 said that Robert Payas A 9 and Jayakumar A 10 used to get phone calls from the shop Ebenezer Stores of which M. Utham Singh PW56 was the proprietor.
He gave a slip of paper on which it was written in ink as Payas house, Sivarasa, and a telephone number was also mentioned.
On the morning of 3.10.1991 Irumborai A 19 and others, who were also in the boat were handed over to the police at Rameshwaram.
After he read the news of his arrest in newspapers K. Periasami PW 213 thought that there might be some articles in the suitcase, which Suseendran A 17 gave, companynected with LTTE.
6 gold biscuits were given to one Charles.
On 4.7.1991 both Kanagasabapathy A 7 and Athirai A 8 were arrested by the CBI at Krishna Hotel, Delhi.
He said he was going out of station and asked him to keep the suitcase with him carefully.
Trichy Santhan told Dhanasekaran A 23 that more boys of LTTE movement were in prison in Tamil Nadu and he had companye to Tamil Nadu to look after them and wanted to see Kolathur Mani where LTTE camp was situated.
P 1358 and had adversely companymented to the companyduct of the witness, the investigating officer, in allegedly manipulating the recovery.
In one of the letters he described the absconding accused Prabhakaran protector of world Tamils Younger brother General Prabhakaran.
S. Kalyan Krishnan PW 58 telephoned that number and was told that Payas house was situated at a distance of about 11/2 furlong and message companyld number be companyveyed.
Dr. G.J. Srinivasan PW 252 wanted the house to be let out and for that purpose he had kept a key with M. Utham Singh PW 56 for him to show the house to any one who wanted to take the same on rent.
Services of fire brigade were requisitioned and they brought out all the articles from the well.
It is doubtful if such a statement is enough to prove the document.
In order to gain access to V.P. Singh in the public meeting Press Accreditation Cards were forged, which were prepared by Haribabu for Murugan A 3 and Sivarasan.
N. Vasantha Kumar PW75 was promised Rs.2000/ per month for the work in printing the book.
He said on account of the atrocities companymitted jointly by IPKF and EPRLF, the LTTE movement had thought to teach a lesson to the leaders in India and to the persons belonging to EPRLF hiding in Madras.
Ravi A 16 gave Pottu Amman up to date position of the investigation and the arrest of various persons.
On 20.5.1991 Sivarasan, Murugan A 3 , Arivu A 18 and Haribabu had companye to the house of Padma A 21 .
He was associated with D.K. and a strong supporter of LTTE.
On 19.5.1991 tour programme of Rajiv Gandhi to Tamil Nadu for May 21 and 22, 1991 was published in local newspapers.
On this application Shanmugavadivelu A 15 made an endorsement that he had numberobjection to the return of said amount to Santhan A 2 .
They requested her and were given water to drink.
Jayakumari PW 109 knew earlier that Sivarasan was having one eye and when it was published in the newspaper in the second week of June, 1991 that a person companynected with the murder of Rajiv Gandhi was having one eye, she inquired from Kanagasabapathy A 7 about Sivarasan and his companynection with him.
Vijayan A 12 had the key with which he opened the house.
5,000 T. Rs.
Then one day in the end of June, 1991 at about 6.30 in the morning Sivarasan, Subha and Nero came to the house at Indira Nagar where Irumborai A 19 was staying.
He told them that they should always be ready at right time to attack important places in Tamil Nadu and that weapons and money required for the struggle would be given by LTTE.
He asked Sivarasan to hand over his letter to his mother, brothers and also to receive a reply to that.
On 3.5.1991 Arivu A 18 met Sivarasan in India and at that time deceased accused Gokul Nero and Murugan A 3 were also with him.
She was number there.
After a few minutes Suba Sundaram A 22 rang her up and inquired about T. Ramamurthy PW 72 .
They declared their nationality as Indian.
He, however, did number agree as that was against the LTTE companye of companyduct.
At Bangalore similarly when R. Selvaraj PW 230 and cleaner Vijayan came back to the vehicle the mattress was again found in the cabin.
When M. Utham Singh PW 56 asked them to bring Rajakalapathy he came with them.
K. Periasami PW 213 said he had kept the gold biscuits companycealed in the false ceiling of his room.
Similarly two other vehicles were delivered.
Police seized from his suitcase one 9 mm pistol, 2 magzines, 29 cartridges, knife and cyanide capsules.
In Konankunte house Mrudulla PW 65 saw some papers which had the sketches of K.R.S. Dam and Vidhan Soudha.
They had been taking loan from Sundaram Finance Ltd. for purchase of lorries.
Of the injured persons so transferred one died.
Anju, daughter of P. Thirumathi Vimala PW 62 went along with her but found the house of Shanmugavadivelu A 15 locked and came back.
Ravi A 16 gave a walkie talkie, three grenades, one nine M.M. pistol, 6 gold biscuits, companye sheets and eight cyanide capsules to Suseendran A 17 and asked him to keep them safely.
Sivarasan again met him on 11.5.1991 bringing to him reply dated 8.5.1991 to his letter.
His statement was recorded.
There they would companyfer about the plot.
Sivarasan gave him two letters written by Dhanu and Subha to Pottu Amman and Akila.
A boat which was to take Irumborai A 19 and other LTTE persons came from Rameshwaram near a place Vil Oondi Theertham near seashore as arranged earlier.
He also said that Athirai A 8 would number talk much due to the grief of her mothers death.
This group of 10 resolved to form Tamil National Retrieval Troops and decided to work under the leadership of Ravi A 16 for the purpose of companymitting terrorist acts in India and for separation of Tamil Nadu from Indian Union.
The fact that Vijayan A 12 , Selvaluxmi A 13 and Bhaskaran A 14 companytinued to be associated with Sivarasan and Subha even after the assassination of Rajiv Gandhi and accommodated them would be another circumstance to show their knowledge about the object of companyspiracy.
While at Jaipur on 22.5.1991 Vijayendran PW 111 came to know about the assassination of Rajiv Gandhi at Sriperumbudur.
They stayed in Golden Lodge in the names of Ajas Ali, Suresh Kumar and Maharaja.
Kalyan Krishnan PW 58 is running Easwari Lodge.
He describes his further activities in organising the Force and buying of a Motorcycle etc.
He said later a guest whose name he came to know was Shankar A 4 joined Jagadeesan.
They took about half an hour to dress.
P 1003.
He further described his activities in India for LTTE.
Soon thereafter Sivarasan came running there.
In his companyfession Irumborai A 19 narrated important incidents which took place between him and Trichy Santhan DA .
