Madras High Court Allows Accused To Examine Former CM Edappadi & VK Sasikala As Witnesses In Kodanad Murder Case
The Madras High Court has allowed the accused to examine former Chief Minister Thiru. Edappadi K. Palaniswami and V.K. Sasikala Natarajan as witnesses in Kodanad murder case.
The Court was deciding a Criminal Revision challenging the Order of the Sessions Judge and seeking to set aside the partially dismissed portion of the Common Order.
A Single Bench of Justice P. Velmurugan ordered, “… the learned Sessions Judge is directed to complete the trial in accordance with the law after giving opportunities to both the parties. If the prosecution is required to examine any additional witnesses based on the further investigation, the trial should proceed accordingly. After the prosecution’s examination of witnesses is concluded, the petitioners must be given an opportunity to examine the eight witnesses mentioned in the petition, viz., (i)Thiru. Edappadi K. Palanisami, (ii) Mrs.V.K.Sasikala Natarajan, (iii)Mrs.Elavarasi, (iv)Mr.N.V.Sudhakaran, (v)Mr.Shankar I.A.S., (vi) Mr.Murali Rambah, IPS Officer, (vii)Mr.Sajeevan and (viii)Mr.Sunil, on the side of the defence.”
Advocates I. Romeo Roy Alfred and K. Vijayan represented the Petitioners while Government Advocate S. Vinoth Kumar represented the Respondents.
Brief Facts -
As per the prosecution case, in 2017, the de facto Complainant, was on duty as a security guard at the Kodanadu Estate Bungalow in Kotagiri, which belonged to former CM Selvi Dr. J. Jayalalithaa. At around midnight, he was attacked by eight individuals, who used deadly weapon like knives to assault him. They choked him, tied his hands and legs, and sprayed an unknown substance on his face that caused him to faint. After losing consciousness, the Complainant was left immobilized and upon regaining consciousness, he noticed the accused escaping in their vehicles. He found that the security guard had been murdered and his body was found upside down on a tree nearby.
Additionally, the windows and door of the bungalow were found broken. The Complainant informed the security personnel who subsequently contacted the division writer. The Complainant then rushed to the hospital, where he made a statement to the Police, which led to the registration of FIR under Sections 324, 342, 449, and 396 of the Indian Penal Code (IPC). Following the investigation, a final report was filed before the Judicial Magistrate and taken on file subsequently committed to the Sessions Judge. The Judge partly allowed the Petitions and the accused filed the revision case.
The High Court in view of the above facts, observed, “… the rejection of the examination of witnesses, namely Mr.Sajeevan, State Organizer, AIADMK, Gudalur, and Mr.Sunil, State Organizer, Gudalur, on the grounds that no valid reason was provided, is incorrect. … the respondent-Government cannot contend that the number of witnesses to be called by the defense will delay the pursuit of the case.”
Accordingly, the Court allowed the Criminal Revision and set aside the impugned Order.
Cause Title- Deepu & Ors. v. The State & Ors.
