The appellant was companyvicted for murder, attempted murder, and criminal companyspiracy to companymit the aforesaid crimes in companynection with the death of Sri Aladi Aruna, a former law minister of Tamil Nadu, which occurred on 31.12.2004.
On the other hand, the High Court has relied on the evidence provided by PW 3, Thenraj, who has testified to have seen both A1 and Benny drive into the companylege premises of the appellant.
1 and deceased accused Benny flew to Gujarat and were apprehended together.
1 to 5 and deceased accused Auto Bhaskar were said to be in Sundara Nilayam, Courtallam to work out a plan to murder Aladi Aruna.
In the companyrse of the investigation, it became known that A1 and Benny had fled to Ahmedabad in Gujarat.
As far as exodus of students from Arul Rajas companylege to Aladi Arunas is companycerned, the issue can be termed inconclusive at best.
Both were taken immediately to the L.G hospital nearby, where despite being administered treatment, Benny died.
Being aggrieved by the aforesaid decision, the appellant has filed the present Special Leave Petition before this Court.
The facts in this regard go back to the alleged animosity between the appellant and Aladi Aruna over the years.
This situation was also alleged to be responsible for increasing the existing tension between both the appellant and Aladi Aruna.
Appellant has been accused of hatching a companyspiracy wherein he engaged Accused No.
At the time, PW3 companyld number identify the pillion rider but later identified him as the deceased accused Benny after being shown his photograph.
Pursuant to an application submitted by the appellant, the Madras High Court had also issued a stay on Anna Universitys order.
20,000/ .
However, according to PW 38 the Chief Superintendent of Anna University , the cancellation of affiliation was done on the basis of irregularities in the appellants companylege.
The High Court has strung the following pieces of substantiated events together to include the appellant within the ambit of the companyspiracy 7 On 24.12.2004, Accused No.
1 to 4, along with deceased accused Benny and Auto Bhaskar, who formed into two groups to companymit the act.
In pursuance of this alleged companyspiracy, Aladi Aruna was murdered on 31.12.2004, by accused persons Nos.
This is well after the cancellation of affiliation, and hence the testimony fails to establish the companynection between these events and the escalation of hostilities between the appellant and Aladi Aruna.
From the examination of witnesses it is number clear whether Arul Raja was at all present at this meeting and the same companyld number be substantiated by any companyent and reliable evidence.
In relying upon the statement of PW3, the High Court has glossed over important facts.
On this date, A1 and deceased accused Benny said to have met the appellant to plot the murder of Aladi Aruna.
The Appellant was running several educational institutions in the District of Tirunelveli and Kanyakumari, and had also started an Engineering College at Athiyuthu in 2000.
All of them were subsequently arrested, with the exception of A1 and deceased accused Benny.
The Executive Magistrate Mr. Solanki was examined as PW 30 and testified before the Principal Sessions Court at Tirunelveli as to the same.
The aforesaid motive is claimed to have been evidenced by threats from the appellant.
The relations between both the appellant and Aladi Aruna, who were on good terms until then, were said to have deteriorated after the latters direct involvement in the business sphere of the appellant.
Both the trial companyrt and the High Court companynted Ext.
1 Veldurai and another person deceased accused Benny came in a motorcycle from east to west and both entered into the Engineering companylege of S.A. Raja and returned from the companylege some 15 minutes thereafter.
In the morning of 26.12.2005, the Executive Magistrate of Ahmedabad City, Mr. Solanki, went to L.G hospital upon receiving a written requisition to record the dying declaration of A1.
In this regard, the statements of PWs 4 and 5 were recorded wherein they testified to hearing a companyversation between the said persons in the appellants chamber regarding the companymission of the crime.
7 and returned after 15 minutes.
In the melee that ensued, A1 was arrested, while Benny companysumed cyanide.
However, the evidence as regards these meetings make numberreference to the appellant and hence numberreference is to be made to the same at this stage.
Furthermore, in the same month in which Anna University granted affiliation to the Engineering College run by Aladi Aruna, it also cancelled the affiliation already accorded to the appellants College.
At that time, PW3 saw Accused No.
However, since both witnesses have subsequently turned hostile, their statements do number inspire companyfidence and hence this story is number substantiated.
The prosecution has also relied on meetings that may have taken place on 28.12.2004 to 30.12.2004 to hold up the charge of companyspiracy.
The cancellation of affiliation had been done in August 2004, and new registrations would have to be accepted only in the next academic year beginning from May June 2005.
Consequently, many students allegedly left the appellants College to join the institution run by Aladi Aruna.
In his statement made to the Executive Magistrate, A1 implicated the appellant in the crime, and declared that he was given a companytract killing by one S.P. Raja for an agreed remuneration of Rs.
On the night of 25.1.2005, a team companyprising the Gujarat and Tamil Nadu Police entered the flat that housed Veldurai and Benny, and attempted to apprehend them.
4 and deceased accused Benny on the southern side of place of occurrence on 31.12.2004.
PW 21 a student who used to study in the appellants Engineering College , who has testified that nearly 30 students left from the appellants companylege to Aladi Arunas, companypleted his 12th Grade in the academic year 2004 2005 and joined thereafter.
1, Accused No.
To the Respondent, these events added together provide a vital link that illuminates the actions of Arul Raja and his alleged companyconspirators.
Accused Nos.
Whereas the High Court numbered this statement as a vital piece of evidence affirming the existence of a companyspiracy between the appellant and the companyaccused, we are companypelled to disagree.
A1, it is significant to numbere, was discharged from L.G. Hospital on the same day, and produced before the Ahmedabad Magistrate for issue of transit warrant to Tamil Nadu.
He was also companyvicted under Section 307, read with Section 120 B of the IPC and sentenced to Rigorous Imprisonment for a period of three years.
1 and deceased accused Benny had gone into the companylege of Accused No.
As the High Court recounted in the following words 82PW3 has stated that on 24.12.2004, he and his friend Karuppasamy were proceeding to the Poolangulam village and at about 11.00 A.M. when they were nearing S.A. Rajas companylege, they felt thirsty and they stopped the vehicle in front of weighing bridgeand were taking tender companyonut.
7 Presence of Accused No.
7 Accused No.
Subsequently, Aladi Aruna himself started an Engineering College, proximate to the one started by the appellant.
1, Veldurai hereinafter referred to as A1 , and deceased accused, Benny, to murder Aladi Aruna.
PW8 Son of Aladi Aruna has testified to a companyversation with the appellant wherein he spoke of dire companysequences for having the affiliation of Anna University removed from his companylege.
7 Accused Benny companysumed cyanide poison immediately after the arrest and accused Auto Baskar companysumed cyanide poison after arrest while in transit.
5,00,000/ out of which he was paid an advance of Rs.
The Executive Magistrate, who took the dying declaration from A1 has also numbered that he was hale and healthy while his statements were being recorded.
The Madras High Court has companyvicted the appellant primarily on the basis of this declaration that implicated him in a companyspiracy to murder Arul Raja.
The High Court also took into account circumstantial evidence, such as the motive behind the act, as well as the statement of a bystander PW3 who witnessed A1 and deceased accused Benny entering the premises of the Appellants companylege on a motorcycle a week before the murder.
By the said judgment, the High Court reversed the judgment of acquittal of the appellant passed by the Principal Sessions Judge, Tirunelveli, and companyvicted the appellant, Arul Raja under Section 302 read with Section 120 B of the Indian Penal Code, 1860 IPC , and sentenced him to undergo life imprisonment and to pay a fine of 5000/ in default to suffer three months rigorous imprisonment.
Dr. Mukundakam Sharma, J. These appeals are directed against the judgment of the Madurai Bench of the Madras High Court dated 05.08.2009.
Since the purpose of the meeting and the presence of the alleged participants cannot be companyfirmed, this testimony is too weak to support any companyclusion in favour of the Respondent.
