HC sets aside lower court order; acquits two persons

The Madras High Court has acquitted of all charges, two persons, who had been sentenced to life imprisonment by a lower court, saying the prosecution had failed to prove the case beyond reasonable doubt.
Allowing an appeal filed by the accused S Selvam and Alex, a division bench, comprising Justice M Jaichandran and Justice S Nagamuthu, set aside an order of the III Additional Sessions Judge, Puducherry, dated April 18, 2011, sentencing the duo to life imprisonment in connection with the case relating to murder of one Chinnadurai.
On November 7, 2004, due to previous enmity, the accused entered the house of Chinnadurai's friend (Prosecution Witness 2) at G N Palayam village, where he was playing carrom with him and murdered him. The friend's father was also present.

On a complaint lodged by the friend's father (PW1), the police registered a murder case against Selvam and Alex and arrested them on November 13, 2004.
Acquitting the duo, the bench pointed out that PW1 and 2 were the eye-witnesses to the occurrence.
The bench said according to the additional public prosecutor these witnesses have been cross-examined long after the chief examination was over and therefore, the answers elicited during cross-examination by the defence should not be given weightage of.

"... The public prosecutor kept silent without seeking permission to cross-examine these witnesses though these witnesses had shown total hostility. Thus, the answers elicited during cross-examination remains unchallenged by the state. This is very unfortunate," the bench said.

The bench said, moreover, in the very same occurrence, the two accused had sustained injuries but, no explanation whatsoever has been offered by the two witnesses. Even the investigating officer had not collected any evidence to explain the injuries sustained by the accused.
"In such view of the matter, we hold that it is too difficult to act upon the evidence of these two witnesses that too in the absence of any other independent witness, so as to sustain the conviction imposed on the accused," the bench added.