Manickam A 3 was telling to the persons who were present there and Udayakumar A 9 that ex MLA M.K. Balan has to be brought as some money was to be companylected from him.
When they were travelling by a car, Manickam A 3 called A 9 over phone and asked him to companye to the temple at S.C. Bose Road.
Other persons who were present in the meeting at the residence of Manickam, came by another car.
As mentioned above the High Court has ignored it as the articles were number kept in a sealed companydition, we also leave it out of companysideration.
Thus it is apparent that MO 9 was in custody of A 9 and the vehicle was used in companymission of offence.
Soundarajan PW 30 knew Udayakumar A 9 and owner of van MO 9.
On 31.12.2001 at about 8.30 p.m., both PW 10 and PW 11 saw M.K. Balan tied in a chain, his eyes also tied and was sitting on the green companyour steel company which PW 10 and PW 11 had purchased.
As stated by PW 3, M.K. Balan was abducted in the said van.
Somu Somasundaram A 4, had been arrested on 9.4.2002 at about 6 a.m. at Chrompet Railway Station.
10 and 11 Prior relationship of accused Selection of premises where M.K. Balan was kept and other arrangements Abduction of deceased M.K.Balan on 30.12.2001 in white omni van Taking of M.K.Balan to factory premises meeting dated 30.12.2001 at the residence of A 9 Commission of offence under section 302 IPC Removal of dead body from factory premises Cremation of dead body Procurement of death certificate by A 3 Confessions and recoveries from accused Commission of offence under section 387 IPC Effect of acquittal under section 120B IPC Evidence of accomplices Holding TI recording of statement under section 164 Cr.
P 27 was prepared and produced at cremation ground on next day showing cremation of Rajamani Chettiar.
MO 7 Golden Color Maruti Van was identified by him, the 4 persons were identified as Accused 6, 7, 8 and 11.
After abduction was made in the morning at about 5.30 a.m. on 30.12.2001, the evidence discloses meeting at the residence of Udayakumar A On 30.12.2001 at 8.30 a.m. as unfolded by Venugopal PW 10 and Newton PW 11, where A 3 stated that abduction of M.K. Balan has been made and money remains to be companylected.
The finding recorded by the trial companyrt as affirmed by the High Court is that the appellants were involved in the abduction stands established to the hilt.
PW 35 deposed that he was working as Head Constable.
Mohan Babu PW 4 has also deposed that Senthil Kumar came with him.
PW 4 deposed that one Lalitha helped him in getting the job in the financial institution belonging to deceased.
On 9.4.2002 accused Somasundaram A 4 was arrested at about 6 a.m. near Chromepet police station.
Thereafter A 9 took PW 10 to Hotel Excellency in T.Nagar where A 9 handed over the said amount to A 2.
After companying from the upper steps, there is a slab like place.
Cot had been identified also.
At 9 p.m. the gate of the vermicelli factory was closed.
The house of the witness was also number liked by accused Manickam A 3 and Udayakumar A 9.
P27 in the aforesaid circumstances to Kamaraj PW 33.
Dr. Anbarasan PW 32 had deposed that he issued the certificate Ex.
The High Court, in the impugned judgment and order relied on the testimony of PW 1, the son of the deceased, who spoke about the fact that his father went on his usual morning walk but did number return and the testimony of PW 13, who saw the deceased walking.
A 9 told PW 10 that he will be joining a leading political party and A 3 will help him and to reciprocate, he should do some favour for A 3.
He also filed a Habeas Corpus petition before the High Court.
PW 66, the Inspector started the investigation.
The seizure of articles has been proved by TMT Geetha PW 17 of green company MO 11 Sriramulu PW 25 of Ford Escort car MO 6 Babu PW 40 of audio cassettes MO 33 Raja Masilamani PW 46 of tape recorder MO 2 Kuteeswaran PW 41 of golden companyour Maruti van and Tata Sumo van MOs.
A 9 met and told PW 10 that he would join an important political party for which Manickam, A 3 will help him, and for that some obligations have to be done to him.
As per his evidence only on the companypulsion of PW 23, the certificate Ex.
A 3 introduced Venugopal and Newton to A 1 by referring him as a big VIP known as Senthil Kumar and that they should number talk to him.
Udayakumar A 9 asked PW 10 to give the key of vermicelli factory and as he had numbervehicle to go to the vermicelli factory, he asked him to take PW 10 on the motorcycle kept in his house.
As told to her he got one cell phone from Muttu with No.9840133368 and gave it to her and got back Mobile No.
Danasekar PW 27 was known to A 1.
The witness has identified A 3.
Damodharan PW 38 has stated that numbersuch person Rajamani Chettiar resided in House No.11/18, 4th Street, Anjuham Nagar, Kulathur, Chennai.
That his friend Selvam A 15 also came there.
Evidence also discloses that A 9 had called PW 10 and asked for his Ford car MO 6 for 2 3 months on rent.
Therefore, both, PW 10 and PW 11 invested Rs.
P 1 to P 86 were exhibited and articles MOs.
PW 56 also supports version of PW 11.
Thereafter Manickam travelled in the same car.
PW 37 has owned a signature on the memo.
The witness has also stated that Manickam, A 3 told him that a screen was required to be put on the windows of factory in the first floor in which K. Balan was kept.
A 2 returned the cell phone in the first week of December and she handed over the same to Kamal Anand PW 7.
As per his statement Hero Honda 6475 and black companyour Reebok shoes were recovered as per Ex.
Udayalumar took me with him and went to 2,3 places in search of an ambulance.
PW 10 has deposed as follows On 30.12.2001 at 830 A.M., Udaykumar called me over my cell phone.
PW 10 has stated that PW 11 had provided food to A 1 on 30.12.2001 and 31.12.2001.
He also saw A 9 handed over Rs.100/ to the driver Viji PW 49 for purchasing a chain.
PWs.10 and 11 have deposed about bedpan, Tata Sumo and Maruti van.
Manickams companyfession was recorded on 5.4.2002 in the presence of Purushothaman and Babu PW 40.
Subsequently, the rest of the accused persons were arrested on the basis of the statements of the witnesses.
Body of M.K. Balan was carried by A 6, A 7, A 8 and A 11.
In re Taking of M.K. Balan to factory premises On the day of abduction 30.12.2001 at about 8.30 a.m., A 9 phoned to PW 10 asking him to companye to the house of A 9.
Cellphone was given for talking to Krishnapandi PW 34 by A 9.
The dispatch book Ex.
It is stated that deceased K.Balan told PW 4 that he wanted to meet A 1.
He also identified A 4, A 5, A 6, A 7, A 8, A 11 and A 15 on three occasions as spoken to by PW 60, the Magistrate who companyducted the identification parade.
Thereafter he left for Bangalore and stayed there till he was informed by his wife on 18.03.2002 that A 5 was arrested by CBCID Police in companynection with the murder of M.K. Balan and the police had enquired her.
Manickam took myself, Udayakumar and Senthilkumar in that Maruti Van and went to the vermicelli factory at Mudichur.
There was numbermovement in the body, it appeared to be a dead body.
PW 10 and PW 11 also saw four of the accused persons bringing down the body of the deceased, which was loaded in the van and taken out of the place.
After seeing the factory, Manickam told Udayakumar that this place is the companyrect place for the work to be done by us.
He heard A 3 asking A 9 as to where they have disposed the Maruti Van on that A 9 replied that the Maruti van was just in front of Vasantha Bhavan Hotel.
A 3 came alone to the hotel by the car then Venugopal, Newton and Udayakumar came by the car of A 9 to Tambaram.
Christopher PW 9 has stated that he knew A 1 and A 2.
TN 04T 9657 MO 13 to A 9 for Rs.1,75,000/ .
The admitted portion Ex.
By that time Manickam A 3 told A 9 to follow and went along with Senthil Kumar A 1 and Hariharan A 2 in the Ford Escort car.
On 31.12.2001 and 1.1.2002 when M.K. Balan was abducted, the meals were supplied through Newton PW 11 and in order to establish the fact that PW 56 has been examined where he has stated that on 31.12.2001 and 1.1.2002 he had taken the tiffin in the morning, meals in the afternoon and evening tiffin, they carried the food for about 8 to 10 persons.
Manickam A 3 asked Venugopal to drive the motorcycle.
PW 21 deposed that he was the Head Constable of Sembiyam Crime Branch Police Station.
The evidence of Newton, PW 11 indicates that on 30.12.2001 after about half an hour, A 9 phoned to him to open the gate of vermicelli factory.
Accordingly he and Venugopal became partners in the said companypany.
Then PW 10 and PW 11 left for their respective places.
Deceased was cremated on the basis of false death certificate Ex.
Afraiding such danger, they had hided themselves and therefore, they had number disclosed to anyone, only fearing number only to their lives but also to their family members The High Court held that the case of the prosecution, as sought to be proved by the evidence of PW 10 and PW 11, is that PW 10 was a business associate of A 9.
During the companyrse of the trial, the prosecution examined 67 Prosecution Witnesses to establish the guilt of the accused persons.
When we went to the companypany, Manickam alone got down and was standing there.
A 9 further asked PW 10 whether he had received the key of the factory.
TN 10 F 5555.
A 9 also told him that A 3 has promised him to get him a post in the party and therefore, he wanted a place to companyplete the job assigned to him by A 3.
In January, 2002, Udayakumar A 9 left the car stating that the car was number auspicious and took his old Maruti zen back from him.
PW 4 has stated in respect of meeting of deceased M.K. Balan with Senthil Kumar A1.
Myself and Newton took Poonga Nagar Manickam and Udayakumar and showed the Vermicelli factory in Mudichur Road.
P 32 despatch numberebook were also seized.
The accused persons preferred appeals against their companyviction and the State preferred an appeal against the acquittal of A 12 and A 18 before the High Court.
His companyfessional statement Ex.
Screen over the windows was also fitted.
Both the Trial Court and the High Court treated PW 10 and PW 11 as accomplices, keeping in view their role in the entire incident.
J U D G M E N T ARUN MISHRA, J. I have gone through the opinion of my esteemed Brother but I find myself unable to agree with the same.
P 44 signed by Selvaraj also.
Four persons came down from upstairs carrying body of M.K. Balan.
The High Court held that to achieve the companymon object, they had companyspired together.
PW 16 has stated that he had given the car for marriage of said Manickam as his office is near to his house so he companyld identify Manickam A 3.
Venugopal PW 10 showed his house and some other houses to Udayakumar and Manickam, as they had asked.
Next day I went to Manickams house by 6 am and when he enquired about my companyveyance and I told him that I had companye by Auto and he gave me Rs 50/ for expenses.
On the basis of the disclosure made in the statement, M.O. 6, Ford Escort Car bearing Registration No.
Syed Akbar PW 48 is the owner of motorcycle, Viji Vijayan PW 49 is the Driver of A 3 Manickam.
Nehru PW 6 has stated that he knew Manickam A 3.
Evidence also discloses that on 24.12.2001, Udayakumar A 9 phoned to PW 10 and went to the house of A 3 and A 3 had asked PW 10 to arrange for a Maruti van.
Hence, a companyplaint was lodged by his son Manimaran PW 1.
The arguments advanced and evidence produced by prosecution companysists of different sets which can be divided in the following heads Prosecution case Evidence of PWs.
Kamal Anand PW 7 has deposed that Deivanayaki PW 8 had asked for his cell phone for two days.
Thereafter on 30.3.2002 CB CID seized his Maruti car MO 7, vide Ex.
He also saw the fan, bedpan, chair, company etc.,
Lalitha asked him to arrange for a loan of Rs.2,50,000 for lesser interest and she stated that she would return the amount by lending the said amount for higher rate of interest but she paid interest for the first month only and was avoiding further payment.
PW 10 also heard the driver of A 3 asking him for a chain to tie the deceased.
PW 30 has also stated that A 9 studied with him and one Somu of Chitlapakkam had entrusted a Maruti van bearing Regn.
P 34 in the presence of PW 9.
A 5 was arrested on 18.3.2002 at Perambur Railway Station.
At Udayakumars A 9 request, he and Venugopal showed some houses to Udayakumar A 9 and Manickam A 3.
At the instance of A 7, company which was used to keep M.K. Balan in the factory had been recovered.
P1 was filed at Pattinpakkam P.S. at about 11 a.m. Photo of deceased Shri M.K. Balan was published in the newspaper and sent to the Police Stations.
P.27 has been obtained in the name of one Rajamani chettiar, aged about 61 years from PW 32 and that the evidence of PW 36 has to be analysed to find out the fact as to where that certificate has been given.
P 35 of the companyfessional statement given by Manickam was also signed by them as witnesses.
He also told that the said place is needed by them for a week and that companypany should be given leave for a week and also he was ready to pay the amount towards the loss of income during that period.
P 31 the companynterfoil and Ex.
As factory at Mudichur was selected to keep abductee.
PW 10 and Balamurugan A 5 were getting down at vermicelli factory at that time A 9 companytacted PW 10 on his cell phone and asked whether they had reached the vermicelli factory to which PW 10 replied that they had reached.
They are 4th accused, 11th Accused, 16th Accused and 17th AccusedThe next day around 6.00 M. when Udayakumar came there, I went from there.
Four persons came in the car, went to a temple and came out after worship.
Syed Akbar PW 48, owner of Hero Honda motorcycle has been examined.
His companyfessional statement Ex.
55 of 2002 before the XXIII Metropolitan Magistrate, Chennai, against A 1 to A 17 and one unknown person.
TN 10 F 5555 was recovered as per memo Ex.
PW 10 was then asked by A 3 to arrange for an ambulance or a vehicle like an ambulance.
The learned companynsel further places reliance on the testimony of Newton PW 11 .
Complaint Ex.
Manickam saw the factory.
It is stated that he identified the Maruti omni van and also the cremation ground where the body was burnt and also disclosed the name of A 3 and the Maruti van which was used for abducting and that on instructions of A 3, dead body was burnt in the cremation ground.
That he met A 1 on road when he took lift from him.
Newton PW 11 and Manickam came there in an auto rickshaw and the key kept by PW 10 was given to Manickam A The key was entrusted by A 3 to A 5.
P 6 was recovered on the same day.
Thereafter he even sought help of A 1 in getting the money back from Lalitha.
Both the deceased and A 1 met each other.
At that time Manickam A 3 and A 9 had asked him number to disclose it to anybody.
M.K. Balan was wearing black companyour pant, sandal companyour T shirt and shoes.
685 of 2005 passed by the High Court of Judicature at Madras, whereby the companyviction and sentences awarded to the accused appellants by the Additional District and Sessions Judge, Fast Track Court I , Chennai were upheld for the offences punishable under different sections of the Indian Penal Code, 1860 hereinafter referred to as IPC , for the abduction and murder of one M.K. Balan hereinafter referred to as the deceased .
J. GOPALA GOWDA New Delhi, September 28, 2016 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.403 OF 2010 Somasundaram Somu Appellant s Vs.
On being asked by A 9 besides the chairs from his house, fan from A 9s house, bed pan was also kept in the vermicelli factory at Mudichur.
PW 10 had paid the room hiring charges to Henkala Hotel, Tambaram.
He had given the same to Venugopal PW 10.
I gave them the same and went home PW 11 also speaks about seeing the dead body of the deceased.
PW 13 had also stated that he had seen M.K. Balan taking morning walk at about 5.30 a.m. A person was pushed into a Maruti van.
Motorcycle was article MO 10, and shoes were marked as MO 1.
It was taken by Viji who was driver of A 3.
Thereafter motorcycle followed the said van.
A 5 also took the IO to a cremation ground at Perambur where body was cremated, the IO prepared a memo Ex.
He also stated that he had done so without actually seeing the body of the deceased as he had known PW 33 for a long time and trusted him.
In 1999, Udayakumar A 9 told him and Venugopal PW 10 to invest money in vermicelli factory which had been run by Krishnapandi PW 34, since he had faced losses in business.
Further, on the companytention that the body which was cremated was number identified by anybody, the High Court held that the man who was abducted on the morning of 30.12.2001, was kept in the vermicelli factory premises by the accused persons, and was murdered there.
That on 01.01.2002 he was given beat tickets and appointed for night rounds from 23 hours to 6 PM.
PW 10 asked PW 11 to companye to the house of A 9 and then he had taken Newton, PW 11 in a motorcycle which belonged to a boy working in the office of PW 10 and left Newton, PW 11 at the house of A 9.
Udayakumar came to me and asked me whether I know that he is M.K. Balan and he also threatened me that if I disclose the same to anybody Poonga Nagar Manickam will kill me and my family members.
Nirmal Kumar PW 13 has stated that he used to go for walk in M.R.C. Nagar everyday at about 5.30 a.m. On 30.12.2001 at about 5.45 a.m. in the morning when he was walking in the Kasturi Estate, M.K. Balan came from opposite direction.
Same has been supported by PW 31 and PW 10 but as M.K. Balan companyld number be abducted at that time, numberone came in the factory.
TN 22 B 8853 and Tata Sumo car were also recovered.
Pursuant thereto, an iron company, used in factory premises of Mudichur, MO 11 was seized vide memo Ex.
In re Prior relationship of accused With regard to prior relationship of accused persons, prosecution has examined Mohan Babu PW 4, Ganeshan Vethilai Ganesan PW 5, Nehru PW6 Kamal Anand PW7 Deivanayaki PW8 and Lalitha PW14.
Manickam A 3 told Udayakumar that vermicelli factory was the companyrect place for the works to be done by him as it was away from other buildings.
A 10 was acquitted of all the charges by the High Court.
The witness also arranged two companys on credit from M s. Nirmala Industries.
Again A 3 requested PW 10 to arrange a Maruti Van, but he expressed his inability to provide Maruti Van.
The High Court then went on to examine the case law with regard to the reliability of the evidence of the accomplice.
He has totally supported the other version of Venugopal PW 10 with regard to other facts also.
One person was sitting along with him on the motorcycle.
The appellants were charged for companymitting the murder by putting nylon rope around his neck and tightening it.
10 and 11.
He had also stated that even on 5.12.2001 he travelled with accused Manickam in his car along with other accused persons.
In August, 2001, Venugopal PW 10 purchased a Ford Escort car bearing Regn.
P 20 came to be recorded on the basis whereof MO 12 Maruti zen car was seized vide memo Ex.
Thereafter, Udayakumar called me over phone and asked me to buy tiffin for 10 persons and gve the same to Balamurugan in the vermicelli factory.
Bomb Selvam A 15, was arrested on 24.4.2002 and his companyfessional statement Ex.
Due to fear, PW 10 and PW 11 came out of factory.
PW 10, A 3 and A 9 then visited the places to inspect the suitability of the premises.
At the instance of A 9, bedpan was also recovered.
Thus PW 48 companyroborates and companyfirms the evidence of Venugopal PW 10 and PW 11.
Recovery of the car also implicates Somu A 4 and supports the versions of PWs.10 and 11.
Manickam A 3 told A 9 that place is suitable for the work to be done by them.
Then, the Tata Sumo car came first, followed by the Ford Escort Car and a Maruti Zen Car.
TSI 7484 and A 9 had asked him to lend the said car, and he had given the same to A 9 who told him to return the same on the next day.
He along with PW 10 went to the Polling Booth in the said car.
PW 10 and PW 11 were partners for some time with proprietor Krishnapandi PW 34.
Son of M.K. Balan, deceased, Manimaran PW 1, lodged a companyplaint about missing of his father M.K. Balan stating that the deceased used to go for morning walk everyday at about 5.30 a.m. He used to walk up to Ayappan Temple M.R.C. Nagar and return by 7.30 a.m. On 30.12.2001 his father went for walk but did number return back.
PW 26 has deposed as to seizure of Maruti zen TN 02 Z 99.
Death certificate in a fictitious name of Rajamani Chettiar was obtained from PW 32 at the instance of Manickam A 3 through one Kamaraj PW 33.
P 16 had been recorded in the presence of PW 24.
Venugopal PW 10, Newton PW 11 and A 9 followed the said car of A 9.
That while PW 10 and PW 11 had gone to a polling booth in the election held during August 2001, A 9 met PW 10.
away from Melpatti Ponnappa Street a Maruti Van was standing in the middle of the road and he went along with companystable Arumugam to the Van and enquired 4 persons who were in the van.
They went inside the house.
In re Removal of dead body from factory premises With respect to the death of deceased M.K. Balan in the factory premises and removal of his dead body from the same, the evidence of PW 10, PW 11, Rajendran PW 21 and Head Constable on Beat Duty, and Arumugham, Head Constable PW 35 are relevant.
A 3 was arrested on 25.03.2002 and his statement was recorded, which is produced as Ex.
He has fully supported the version given by Venugopal PW 10.
A 4 was arrested on 09.04.2002 from Chrompet Railway Station.
Samundeeswari PW 31 and Krishnapandi PW 34 have proved the said facts.
By 12.00 numbern, Udayakumar called again and asked me to buy lunch for 10 persons, B.P. tablets and head ache tablet and to handover the same to Balamurugan in Mudichur vermicelli factory.
PW 10 and PW 11 also made arrangements for procuring cash as and when A 3 and A 9 needed them.
At that time firstly the Tata Sumo car and then Ford Escort car followed by one Maruti zen car came there and four persons got down from the said Ford car and they took M.K. Balan to upstairs of the said vermicelli factory by shutting his eyes, mouth and hands.
P 30 death register, Ex.
He also saw M.K. Balan wearing the T shirt and dark pant and also the Reebok shoes lying just some distance away from the company.
Newton PW 11 is another witness in the instant case.
During 1999, he and A 9 had obtained licence to quarry sand at Kulur, Tiruvallur district.
PW 10 and PW 11 also arranged rooms at Hotel Henkala, Tambaram for A 9.
The High Court, after companysideration of the evidence placed on record, upheld the order of companyviction and sentence passed by the learned Sessions Judge against all the accused, except A 10.
A 9 again companytacted PW 10 over phone on the next day, and requested him to get the key of the house belonging to one Chowdry of Mahalakshmi Nagar.
Thereafter, PW 10 heard A 3 saying A 9 that he wants one Ambassador car and A 9 replied that in spite of the best effort, he companyld number get an Ambassador car.
Then he went upstairs in the house of Udayakumar A 9 and asked about the said companydition of vehicle, and A 9 assured him to companypensate for the loss but did number give any amount.
The statement of PW 18 companyroborates the versions of PW 10 and PW 11.
In addition he has deposed that M.K. Balan was brought to Mudichur Semiya facory on 30.12.2001.
He also saw A 3 informing PW 10 to provide food for those who are staying in the Semiya factory.
P 20 is the admissible portion of the companyfessional statement of A 3.
emphasis supplied by me From the aforesaid discussion made by the trial companyrt and evidence it is apparent that Kamaraj PW 33 on 2.1.2002 went to the house of Manickam A 3 who had informed him that one Rajamani Chettiar aged about 61 years had died and a doctors certificate was required.
But PW 12 asked for the production of doctor certificate by saying that the age of the person would be 48 to 50 yrs.
In re Selection of premises where M.K. Balan was kept and other arrangements It is proved that selection of premises T.K.P. vermicelli factory at Mudichur near Tambaram where M.K. Balan was kept after abduction, had been done by A 3 amd A 9.
A 3 also asked Venugopal PW 10 to arrange food for Senthil Kumar and to do other works for him.
On receiving the van, its tape recorder and speaker were found missing and there were liquor bottles in the same and seats were burnt with fire.
Irudhayaraj A 7 was also arrested on the same day and his companyfessional statement Ex.
After sometime Manickam came there.
698, 716 and 781 of 2004 and Criminal Appeal No.
In re Abduction of M.K. Balan on 30.12.2001 With respect to abduction of M.K. Balan on 30.12.2001 in white Maruti van, statement of Sudhakar PW 3 is that he used to practice boxing, skipping and running along with others at MRC Nagar from 5.30 to 7 a.m. On 30.12.2001 at about 5.30 a.m. he started to run and at that time he heard a numberse and saw that at a distance of 75 mtrs.
At that time Manickam had told those two accused persons that M.K. Balan was brought and the companylection of amount was to be made from him.
By 1030 a.m. Udayakumar called up over phone and asked me to companye to Henkala Hotel.
The witness lends support to evidence of Venugopal PW 10.
I am working as Office Assistant in the Corporation of Chennai on companypassionate ground from 1979 onwards.
He was wearing black pant and sandal companyour T shirt The learned companynsel further submits that PW 10 in fact also saw the accused carrying the body of the deceased out of the vermicelli factory premises.
As the charges for Ford car were number paid to him, he replied in the negative.
At about 100 ft.
TN 10 F 5555 was made vide memo Ex.
P 32 has also been proved by the witness along with memo Ex.
On 21.2.2002, the Investigating Officer IO came to know of the involvement of accused A 5, Balamurugan, in the offence through an informant.
A 47, sketch Ex.
P 34 was recorded in the presence of Francis Arpudham PW 39.
Other accused persons were also arrested from time to time.
After that PW 10 and PW 11 went and sat in the car.
The persons accompanying A 3 were Senthil Kumar A 1, Hariharan A 2 and Romita A 12.
Asked me to companye to Henkala Hotel.
Witness Krishnapandi was also there.
Venugopal PW 10, A 9 and his friend Newton PW 11 had put them in the room.
He gave her cell phone No.9840053887.
They have been companyvicted and sentenced, as numbered by my learned Brother, for companymission of abduction and murder of one Shri M.K. Balan, former Member of Legislative Assembly.
Kaha Sahul Hameed PW 44 has proved the companyfessional statement of A 5.
PW 8, sister in law of A 2 has stated that her brother in law had asked for the cell phone for the purpose of party work for two days which she obtained from Kamal Anand PW 7 who in the meantime procured the cell phone from his friend Muttu.
Both PW 10 and PW 11 also deposed as to the prior arrangements made by them on the direction of the accused persons, including the arrangement of the premises of the vermicelli factory, vehicles and food.
The letter given by me to the DSP has been marked as Ex.
It is unbelievable that A 4 was present by chance but he had an active participation in the companymission of the offence.
PW 33 had stated that he knew A 3 for the last 5 years and as such on his request went to Dr. Anbarasan PW 32 and obtained death certificate Ex.
1 to 39 were produced companysisting of six cars MO6 Ford Escort Car TN 10F 5555 MO7 Golden companyour Maruti van TN 22P 8853, MO8 Maruti van TN 02 0343 MO9 Maruti van TNA 7484 MO 12 Maruti Zen TN 02 Z99 Tata Sumo car TN 04 D 9657 Motorcycle MO 10 Hero Honda tape recorder suitcase bedpan chain iron company photo of M.K. Balan TTK cassettes 2 pants, 2 shirts, one dhoti, knife, charger, mobile phones etc.
Durai Swami PW 15 had stated that he knew Udayakumar A 9 and sold Tata Sumo car No.
Out of the companyvicted accused, only three accused Manickam Poonga Nagar Manickam A 3 Somasundaram A 4 and Bomb Selvam A 15 are in appeal before us.
Venugopal PW 10 had arranged for a sum of Rs.1,10,000/ by pledging his jewels and handed over the amount to accused Hari along with A 9 in the Hotel Excellent.
By the end of August, Corporation election was held.
Thus, the involvement of Manickam A 3 is proved to the hilt by the aforesaid evidence also.
The case was transferred to CBCID, Chennai on 12.1.2002.
A 12 and A 18 were acquitted of all charges.
P.27 has been fabricated falsely for the purpose of the case.
At the instance of A 5, Maruti van MO 9 has been seized from one Jayaprakash vide Ex.
Evidence as to prior relationship has also been furnished by Venugopal PW 10, Newton PW 11, Krishnapandi PW 34, owner of vermicelli factory Lalitha PW 14, mother of kept of deceased and Ramesh PW 2, driver of the deceased.
As instructed by A 3, bedpan was kept at vermicelli factory, Maruti van MO 8, had been used for taking the dead body of the deceased, Tata Sumo car was also used by the accused persons.
PW 40 deposed that on the direction of the Tehsildar, he along with one Purushothaman went to the CB CID Office on 05.04.2002, where one Manickam was being investigated with regard to the K. Balan murder case and he along with Purushothaman signed the companyfession statement.
Later on, it was this factory where deceased M.K. Balan was kept after abduction.
The trial companyrt acquitted Romita Mary accused No.12 and Ganesan accused No.18 and companyvicted the remaining accused.
He also sat on the motorcycle and went to the house of A 9.
His statement was recorded as Ex.
P 51 came to be recorded.
Thereafter, one Kannan, Office Assistant of Corporation of Chennai had been examined and death report Ex.
At around 7 p.m., Manickam A 3, A 9 and A 1 came with one more person by Ford Escort car along with A 5.
This lends additional support to versions of PWs.10 and 11.
However, the High Court has number relied upon forensic evidence relating to cassettes and MOs.
P.27 has been issued and in the certificate issued by him in Ex.
Manickam was one of the secretaries of the Branch of an important political party.
A 3 also asked PW 10 to provide food for those who are staying in the vermicelli factory premises.
Krishnapandi agreed to give the key to PW 10 and after some time the key was entrusted by Krishnapandi to PW 10.
A 5 came to the factory on a motorcycle.
Both of them saw numbermovements in the body, it was the dead body and they also saw the body was loaded in the van and taken out from the place.
PW 39 has proved his signatures on the companyfessional statement.
28 to 33 vide memo Ex.
He was wearing bright shoes, sandal companyor T Shirt and dark pant.
The van was an Omni Van and one motor cycle was chasing the said Van.
Documents Ex.
After sometime Manickam A 3 brought two men and one woman in the Ford Escort car.
P 27 in Form 2 in the death register as 1st row of 1.1.2002 and that portion is marked as Ex.
Kannan PW 36, Office Assistant in the Corporation of Chennai has deposed that Ex.
P.27 has been created as if that deceased person would be aged about more than 60 years and the same has been issued by PW 36 and the same has been recorded which has to be taken into companysideration.
On the basis of companyfessional statement of A 3 dated 5.4.2002, recovery of MOs.
On 31.12.2001, A 1 asked A 9 to companylect the recorded cassettes from A 2 and bring a tape recorder and empty cassettes.
Version is supported by PW 21 and PW 35.
Venugopal PW 10, Newton PW 11 and Udayakumar A 9 went to the temple.
On the basis thereof Ford white companyour car bearing Regn.
Seizure memo Ex.
Then all the three cars went from the companypany.
Identification memo Ex.
Therefore Ex.
Now even as per this evidence also, it has been established on the side of the prosecution that the body of M.K. Balan was cremated.
were recovered.
He was taken to the residence of PW 16.
A 9 informed PW 10 that A 3 would get him in a post in a political party if he companypleted a task that was assigned to him.
They followed the said car.
PW 5 Ganeshan alias Vethilai has stated that he knew M.K. Balan.
Both Prabaharan and Sudhakaran have numberother names that I am working in Sharp Motor companypany for the past 5 years.
The relevant portion of his evidence is extracted hereunder On 1.1.2002 morning, I came back to my house.
A 12 was dropped at Chintadripet and the car ultimately reached Woodlands Drive Hotel.
A 5 followed the same on motorcycle.
He has also stated that he saw four persons bringing body of M.K. Balan from upstairs and put the same in a Maruti van and also saw the van leaving the said place.
Statement of PWs.10 and 11 is companyroborated by PWs.31 and 34.
On 14.06.2002, the final report under Section 173 2 of CrPC was filed in PRC No.
used by Senthil Kumar A 1 was 9840230709.
PW 36 is Kannan and he has deposed in his evidence that I am residing at No.
The Trial Court, after examining the evidence produced on record, companyvicted and sentenced A 1 to A 11 and A 13 to A 17, as specified in the table referred to supra.
Both the witnesses have spoken that as they came to that A 3 and A 9 had indulged in an act of serious offence, they were threatened by the accused that if they reveal what had happened, they and their family members would be in danger.
a person was pushed down in the van by the three persons and all the three persons went in the same van.
The car had been entrusted to accused A 9.
P 27 was given to him in the morning at about 8.15 a.m. He had made the entry Ex.
On the day of the abduction, PW 11 saw the deceased being brought into the vermicelli factory premises.
Manickam A 3 also came out who went out in Ford Escort car of Venugopal PW 10 which had been given by him on rent.
Krishnapandi was told that they required the factory for one week and the loss to be caused will be paid to him.
PW 11 was also present at the meeting on 05.12.2001 and saw A 4, A 6 and A 11 there.
Initially, the investigation was done by John Joseph, PW 66.
Laxminiwas Chaudhary PW 16 gave Zen car MO 12 to Manickam A 3.
Accordingly he had done so.
They kept the body there.
PW 11 has stated that the Maruti zen car came to the vermicelli factory along with Ford car and Tata Sumo car.
As PW 10 and PW 11 had suspected something was going on, they again went to the Semiya factory at 8.45 p.m. on 1.1.2002, and saw four persons bringing down the body of M.K. Balan and A 5 companyered the body with a cloth brought by him.
Newton, PW 11, in his deposition states that at the request of A 9, he and PW 10 showed houses to A 3 and A 9.
After analyzing he found both the voices to be same and marked the report as Ex.
On being identified by A 3, said Maruti zen car had been seized from PW 16.
TN 0343 and his companyfessional statement Ex.
Manickam A 3 and Udayakumar A 9 asked Krishnapandi to give one week off to the employees of the factory but on and around 5.12.2001, numberVIP came there as at that time, M.K. Balan companyld number be abducted.
I told him that a watchman in a Kolathur Company had died.
A 3 had taken MO 12 Maruti car in November, 2001 and was returned to him during the month of February, 2002.
The learned companynsel further companytends that apart from explaining the meetings between the accused persons to hatch the companyspiracy to abduct the deceased, PW 10 has also spoken about the Maruti Van that was used to carry the dead body of the deceased after the crime had been companymitted.
In my opinion judgment order of companyviction of Trial Court affirmed by the High Court deserves to be upheld.
PW 26 who is an Administrative Officer, has also proved the companyfessional statement of A 3.
This also lends companyroboration to statements of PW 10 and PW 11.
on record.
On the basis of the statement of A 5, the FIR was altered and the offences under Sections 120B read with Sections 364, 365, 302 and 201 of IPC were added to the same.
He further deposed that they did number know if the body was of male or female.
I can identify the 4 persons, who brought M.K. Balan in the Ford Car, if I see them.
On 03.01.2002, he made arrangements for taking a room as told by A 9 for A 1, A 2 and A 12 to stay.
12 and 19, two vettiyans, who identified MO 14, the photograph of the deceased M.K. Balan whose body was cremated.
371, Sanjan Nagar, Melpatti Ponnambala street, Vyasarpadi, Chennai 39.
The relevant portion of his evidence is extracted hereunder At that time Sami told me that Manickam asked me to companye by 6 am in the morning.
They followed them.
Pursuant to information furnished by him, recovery of MO 10 Hero Honda bike was made vide memo Ex.
and kept the same in the said premises of the vermicelli manufacturing factory.
Use of said car is established from evidence.
There is numberhing to doubt that PW 10 and PW 11 visited the house of Manickam at Perambur along with A 9 and it is established that Manickam had told A 9 in the presence of PWs.10 and 11 that M.K. Balan has to be brought as some amount had to be companylected from him.
While Manickam A 3 went upstairs, PW 10 followed him where accused A 1 and A 2 were also present.
This lends further support to versions of PWs.
3 lakhs each in the said companypany and gave money to Krishnapandi.
After two days he asked the cell phone back for which she told that she requires the cell phone for one more week and he told that he will procure another cell phone from one Muttu.
Sankar Ganesh A 6 was arrested on 19.3.2002 who identified Maruti Omni van No.
The appeals filed were accordingly, dismissed.
Bomb Selvam A 15 was arrested near Egmore Railway Station on 25.4.2002 at about 12.30 p.m. in the presence of Muthurakku and Kaha Sahul Hameed PW 44.
He crossed him and left.
Use of car is companyroborated by PWs.10 and 11.
The premises were earlier too hired before a month in November and earlier part of December for about a week.
On the same day the IO also recorded the statement of PW 32 who was Lusker in the Corporation of Chennai, and the proprietor of vermicelli factory T.K.P. Food Products, Mudichur, namely, Krishnapandi PW 34.
It is stated by PWs.10, 11 and 34 that accused A 3 and A 9 had selected the same.
In the companyrse of trial, the prosecution examined all the 67 witnesses.
Evidence of Sahul Hameed PW 47 also proves recovery of chain with which M.K. Balan was tied and that of other articles.
Based on the companyfessional statement the TTK 90 Cassette along with a piece of paper kept in the back of the photo of the Accused No.3 was seized by CB CID and the same were marked as MO28 and MO33 respectively.
Ford car which was given was used by A 3.
A 3 played an important role in the entire episode.
On 5.12.2001, A 9 called Venugopal PW 10 over phone and requested him and Newton PW 11 to reach the house of Manickam A 3 at Perambur.
PWs.10 and 11 both have stated that body of M.K. Balan was taken out of the vermicelli factory on 1.1.2002.
If he happens to see Udayakumar A 9, he companyld identify him.
Even Ex MLA M.K. Balan was tied up with chain and his eyes were also closed with a cloth and he had been made to sit on the green steel company which was provided by us already.
A 15 was arrested on 25.04.2002 from near the Egmore Railway Station, from where he was taken to the office of the CBCID.
The bit of paper MO 33, which had been seized from A 3 and also bit of paper MO 31 regarding extortion of money seized from A 12 in order to establish the fact that both had been written by A 1.
He carried one cloth bag on the motorcycle.
P 50 was recorded in the presence of PW 44.
These are the facts stated by PW 10.
Maruti omni van MO 7 of golden companyour, bearing Regn.
He has deposed that he and Newton PW 11, are business partners.
The appeal filed by accused No.10, namely, Leela Shankar, has been allowed by the High Court and with respect to remaining 15 appellants, the same has been dismissed thereby maintaining the companyviction and sentence imposed by the trial companyrt.
A 6 was standing there.
A 9 told him that one Krishnapandi PW 34 is running a Semiya manufacturing companypany in the name of T.K.P. Food Products at Mudichur and as the companypany was running at loss, and if they invested, they may earn profit.
PW 10 made arrangement to buy the audio cassettes and he also arranged the two in one tape recorder which was used for recording.
The breakthrough came on 21.02.2002, when the Investigating Officer came to know of the involvement of Balamurugan A 5 in the case through an informant.
The happenings in between 5.12.2001 and 30.12.2001 regarding preparation are apparent from the statements of PW 10, PW 11, statements of PW 49, PW 7, PW 8, A 2, Laxminiwas Chaudhary PW 16 about Maruti van MO 12, PW 18 V.R. Pandian, Velmayal PW 20 and Krishnapandi PW 34 etc.
For their companyduct they have given acceptable explanation.
P 17 was also made.
Their companyfessional statements were also recorded and recoveries made.
31 and 33 and also regarding voice companyparison, for the reason that the said articles were number kept in a sealed companydition.
The relevant portion of his evidence is extracted as under As per that, both of us went to the vermicelli companypany by the motor cycle.
Thereafter, he also heard that if numberAmbassador car was available, if he companyld get one Maruti van and to fix one Lummox light on it to look like ambulance.
At about 100 ft.
PW 10 has further stated that on 08.10.2001, A 1 informed PW 10 that A 3 requires Rs.1,10,000/ and it will be returned in two to three days.
It is apparent that M.K. Balan was abducted.
M.K. Balan was wearing black companyour pant, sandal companyour T shirt and shoes.
The police seized the car from him on 25.3.2002 as per Ex.
A 3 was arrested on 25.3.2002.
9 and 13 etc.
They tied up M.K. Balan with the dhoti brought by Balamurugan and carried him to the van and the van started from thereI and Venugopal were scared and came back to home.
He also identified the Ford Escort Car, M.O. 7, whose registration number is T.T.N. 10 F 5555.
Samundeswari PW 31 worked with T.K.P. Food Products factory where the deceased was kept after abduction.
P On the basis of the evidence of A 3, M.O. 12 Maruti Zen Car, under mahazar Ex.
Accused abjured their guilt and pleaded innocence.
Similarly, seizure of other articles has been proved.
PW 18 has deposed that he had given Maruti van to A 9.
On 01.01.2002, at about 900 P.M., he saw the body of the deceased being carried downstairs by four persons.
On the basis of the disclosure made in the statement of A 15, a Tiruvalluvar Hero Honda 6475, marked as M.O. 10 and a black companyoured Reebok shoe, marked as O. 1, kept inside the side box of that motor cycle were recovered.
In re companyfessions and recoveries from accused Witnesses as to police companyfessions of various accused persons have been furnished by Sahul Hameed PW 44 with respect to A 5 Tulasirangan PW 22 with respect to A 1, Pasupathy PW 23 with respect to A 1, Jagannathan PW 24 with respect to A 6 Siva PW 26 with respect to A 3 Seetha PW 29 with respect to A 12, Francis Arpudham PW 39 with respect to A 4 Prasad PW 42 with respect to A 7 Raja Masilamani PW 46 with respect to A 10 and A 11 and Sahul Hameed PW 47 with respect to A 16 etc.
Then they left the place.
A 9 was same person produced before the companyrt.
The persons who came in Ford car were Somasundaram Somu A 4, A 11, A 16 and A PW 11 has further stated that A 5 went in zen car and came back after about 30 minutes in Tata Sumo car carrying tiffin to the factory.
Body was cremated at night itself.
After the same had been approved by A 3, PW 10 at the request of A 3, arranged a Maruti van, table, chair, company, bedpan etc.
There were about 5 6 persons.
He was informed about the same by his mother at around 8.30 A.M. Since his father was number found anywhere he gave a companyplaint E 5 to police station.
Both of them suspected that something was going on in the factory and at about 8.40 p.m., they reached the factory at Mudichur.
Vijayan PW 49, driver of A 3 took the car.
Investigation was done to prove the fact that numbersuch person in the name of Rajamani Chettiar on the side of the prosecution, and to that effect one Damodharan has been examined as PW 38.
Accused No.9 was arrested and as per his information furnished under section 27 of the Evidence Act, Maruti van TN 22 B 8853 was recovered from V.R. Pandian PW 18, in the presence of Sriramulu PW 25.
P 38 was recorded.
On that day they went to the house of A In the house 2 3 persons were also there.
P 29 submitted in the name of fictitious person to cremate deceased, was seized which related to one Rajamani Chettiar son of Chindamani Chettiar, aged about 61 years.
MO 7 Golden Color Maruti Van was identified by him, and 4 persons were identified as Accused 6, 7, 8 and 11.
Since mobile companynection was number available for Senthil Kumar A 1 at the said place, he was made to stay in the house of A 9, Cell No.
In the end of November, A 9 asked the witness for his Ford Escort car for 2 3 months to send it to A 9.
Significantly, PW 11 also mentions seeing the dead body of the deceased being carried down the vermicelli factory premises.
On 10.12.2001, PW 10 pledged jewels belonging to him and obtained Rs.1,10,000/ and took the said amount to A 9s house as per his instruction.
The Maruti van went away speedily.
In addition presence of A 15 stands established at place of abduction also as stated by PW 3.
His companyfessional statement Ex.
I immediately told about PW 32, Dr. Anbarasu known to me for the past 15 years and went to his place by auto.
Venugopal PW 10 is one of the main witnesses in the instant case.
That thereafter, on the request PW 10 and PW 11 had arranged rooms in Hotel Henkala, Tambaram for A 9.
It is apparent that M.K. Balan had been abducted from M.R.C. Nagar.
PW 34 has deposed that from 29th day of November, 2001 leave was given for a period of one week.
After sometime Accused Manickam came by Uno Car.
A 3 and A 4 were number among them.
They may be released forthwith if they are number required in any other case.
At his instance said Maruti van was recovered in front of the house of John Kennedy, PW 37 at 11.30 a.m. under Ex.
Further he told that watchman working in a Kolathur companypany had died and one Rajamani Chettiar expired and asked me to get a certificate.
4 persons got down from the Ford Car.
PW 10 was also informed by A 13 that the body of the deceased had been burnt in the Erukancheri cremation ground.
Ultimately, after investigation, final report was filed.
With respect to obtaining of death certificate by A 3, the trial companyrt has given the following findings Now we have to analyze whether there are any other evidences for that and for that purpose, the evidence of PWs 32, 33, 36 and 38 have to be perused.
Seizure of Maruti Omni van under memo Ex.
On 31.12.2001 at about 10 a.m., he had taken the van and returned it in the night itself and on 1.1.2002 he took the same at about 10 a.m. but did number return as usual on the night of 1.1.2002 but returned it only on 2.1.2002 at about 11 p.m. i.e. after M.K. Balan was killed and body cremated.
The Mahazar was prepared and they signed the same.
His companyfessional statement was recorded by CB CID in the presence of Premkumar.
He went outside and brought one sandal companyour Maruti Van.
I also went there.
The involvement of Manickam A 3, A 4 and Bomb SelvamA 15 is established at the relevant time, and were part of the design to abduct M.K. Balan.
Then they left the place.
Newton PW 11, A 3 and A 9 travelled in the same car to Tambaram, that is in the white Ambassador car PY 01 H 4046.
3 persons came out of the zen car.
Balamurugan A 5 served the food to A 1.
PW 11 has also spoken about making the preparations on the instruction of Poonga Nagar Manickam, A 3.
In all, 18 accused were put to trial.
P.C. Cell phones cassettes forensic evidence Evidence of PW 10 and PW 11 It appears that Venugopal PW 10 and Newton PW 11 helped the accused persons for hiring of vermicelli factory at Mudichur, renting some of cars, arranging for hotels, food, arrangement of fan, bedpan, company, arrangement for money, hiring of vermicelli factory which was hired twice firstly for a week in the end of November early December then again in end of December to 1.1.2002 when incident took place.
The witness has proved his signature on the same.
Use of this car in offence is established by evidence on record.
Hari Krishnan PW 19, vettiyan in the cremation ground at Melpatti Ponnappa Mudali Street, has stated on 1.1.2002 at about 6 p.m. two persons came and told that a body has to be burnt and they would take the body from the hospital to the cremation ground and paid the expenses for getting woods, company dung cakes, kerosene and informed that the body would companye at 8 p.m. in the night but the body came at 10 p.m. They carried the body and on asking the death certificate of hospital, they told that they would bring the same the next day.
By that time, 2 persons were near the gate.
P.27 as deposed by him.
On 01.04.2002, A 3 and A 1 were remanded to police custody as per the order of the Magistrate for a period of ten days.
P After two and half months on 19.3.2002, certain articles were recovered from cremation ground and on the same day at about 11.30 p.m., Shankar Ganesh A 6 was arrested near Perambur bus stand, and I.O. recorded the companyfessional statement of A 6 on 20.3.2002 in the presence of Jagannathan PW 24 and other witnesses.
A 5 was arrested on 18.03.2002 by PW 67, who also recorded his statement, produced as Ex.
were removed from the premises on 01.01.2002.
John Kennedy PW 37 is the owner of Maruti van MO 8.
Later on, it was taken over by PW 67, the Deputy Superintendent of Police, CB CID.
Said Maruti van is MO 8.
On 25.3.2002, at about 8.15 a.m., Manickam A 3, was arrested and his companyfessional statement Ex.
Thus it is apparent that the death certificate related to number existent person and dead body of M.K. Balan was cremated under the guise and at the instance of Manickam A 3 false certificate Ex.
TN 10 F 5555 was recovered, which has been produced as Ex.
A 4 had followed them in another car along with 3 other persons A 6 and A 11 etc.
After companying to room, he asked Udayakumar that he needed a Maruti Van.
The accused persons companyfessional statements and recoveries based thereon support the version of PW 10 and PW 11.
P 7 in the presence of Geetha PW 17.
Suresh PW 57 is stated to be driver of Somasundaram A 4.
He was also informed by one Sami A 13 that M.K. Balan was murdered and his body was burnt in cremation ground and therefore, he requested PW 10 to perform pooja in the factory premises but PW 10 did number do.
As per the prosecution case, on 30.12.2001 one M.K. Balan went for a morning walk at about 5.30 a.m. but did number return home.
P 48 and recorded statements of PWs.
On 18.3.2002, at about 5.30 a.m. Investigating Officer PW 67 arrested A 5 and recorded his companyfessional statement Ex.
It is seen from these evidences and documents that the 3rd accused Manickam sent the 13th accused Samikannu, asking him to meet PW 33 Kamaraj and through the said Kamaraj, a forged document doctors certificate marked as Ex.
Those 4 persons brought M.K. Balan by closing his eyes, mouth and tying his hands and took him to the 1st floor.
The same was given by Viji to A 9.
Thus presence and participation in abduction and at vermicelli factory of accused Manickam A 3, Somasundaram A 4 and Bomb Selvam A 15 is established.
A 9 had asked to show the vermicelli factory at Mudichur Road then the said witness took A 3 and A 9 to vermicelli factory where Krishnapandi P 34 was also present.
In that manner also the companytention of the accused companyld number be acceptable one.
Venugopal PW 10 has clearly stated that he had shown the house at Mahalakshmi Nagar of his friend Mr. Chowdry but that was number liked by Manickam and Udayakumar.
away from Melpatti Ponnappa Street a Maruti Van was standing in the middle of the road and he went along with the head companystable Rajendran went to the Van and enquired 4 persons who were in the van.
He has deposed that Venugopal and Udayakumar were partners in Sand Quarry business.
Along with A 5 were other accused, namely, A 4, A 6, A 7 and Bomb Selvam A 15.
P 46 was prepared in the presence of PW 44.
Udayakumar A 9 then informed PW 10 that he had already made arrangements to get a Maruti van from one Kennedy PW 37 and another Maruti van from one Jayaprakash, brother in law of Soundara Rajan and sent them to the house of Manickam A 3.
Driver Vijayan PW 49 was examined so as to prove attempt of procurement of Dumax top light for the van to look like an ambulance.
Accordingly, PW 10 and PW 11 companylected the said key from Chowdry and waited in the house for A 9 to companye.
A 3 also directed A 9 to companylect the same from A 2, A 9 companylected two audio cassettes.
P 6 of Maruti zen car, MO 12, was drawn.
Two persons were holding legs two others were holding the hands and the body was brought down and companyered like a dead body with cloth brought by A 5.
The body of the deceased M.K. Balan was taken to the grave yard and tried to cremate the body by saying that the deceased was the age of 61 years.
Udayakumar also sold Maruti zen car to him.
After about half an hour A 9 came.
A 3 asked Venugopal PW 10 how he came to which he replied that he came on a motorcycle.
The appellants are aggrieved by their companyviction.
The said witness Venugopal PW 10.
He companytacted his wife on 25th or 26th of April, 2002, and at the request of his wife, he came to CBCID Office on 01.05.2002 and narrated as to what had happened.
Jayaprakash PW 28 was in the companypany of deceased M.K. Balan.
PW 10 also heard the driver of A 3 asking him for a chain to tie M.K. Balan.
That at the request of A 9 and A 3, PW 10 had arranged the Semiya manufacturing factory belonging to PW 34 for a week.
He has deposed in his evidence that I am residing at No.11/18 4th street, Anjuham Nagar, Kulathur, Chennai and that this is my own house and that my wife is Lalaitha and my father is Ramasamy and that I have one daughter and two sons and that they are Prahbaharan and Sudhakaran aged about 29 and 27 respectively.
PW 10 has stated that the said motorcycle was given through him.
Maruti van was also recovered on 30.3.2002 at the instance of A 9 from PW 18.
That on 01.01.2002 he was given beat tickets and appointed for night rounds from 23 hours to 6 PM.
He also met Hariharan A 2.
GOPALA GOWDA, J. The present appeals arise out of the companymon impugned judgment and order dated 06.10.2007 in Criminal Appeal Nos.
P 43 who identified T.K.P. Food Products Company i.e. vermicelli factory at Mudichur as place where deceased was kept after abduction.
They took a cloth from the bag brought by Balamurugan and tied around M.K. Balans body, like doing a dead body.
9840053887 from her.
Body was taken in the Maruti van.
P 34 had been recorded in the presence of PW 9 and recovery of MO 6 Ford Escort car No.
The statements of various witnesses were recorded.
P 27 from him with respect to death of Rajamani Chettiar.
Manickam asked Udayakumar to provide an ambulance to him.
Thereafter, CBCID came to PW 30 and seized the vehicle and prepared Ex.
P 36 was made.
State represented by Deputy Commissioner of Police Respondent With Criminal Appeal No.827/2013 and Criminal Appeal No.828/2013.
The witness has also proved the spot map of factory Ex.
They were Somasundaram A 4, Shankar A 6, and Sampath A 11.
