TaxTMI 
TaxTMI 
2014 (4) TMI 1335
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....ellant in Criminal Appeal No.1272 of 2012 is Periyasami ('A2- Periyasami' for convenience). 2. According to the prosecution, on 24/10/1992, PW-10 Ramasamy was driving Quilon Express (Train No.6105). When the train reached near Maruvathur Peria Odai Bridge No.276, he noticed some object over the railway track. He immediately applied emergency brake and stopped the train. PW-11 Rajendran Raja, who was the Assistant Driver stepped down from the train along with the guard and proceeded to inspect the track. They saw some boulders placed on the track covered with green leaves. At that time, they heard a loud noise near the bridge situated at a distance of 1 K.M. In the meantime, PW-2 Ganapathy, Station Master 3 of Sillakudi Station received information that Quilon Express had started from Kallagam Station after crossing of Pearl City Express, but had not reached Palanganatham. He instructed PW-1 Antonisamy, PW-4 Hazi Salahudeen, PW-6 Thangaraj and PW-7 Ponnaian to find out the reason for the delay of the Quilon Express. They found at the place of occurrence the rails bent upwards and the gravel stones and the sleepers broken and dislocated. Under the bridge, they saw some papers cont....
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....al Viduthalai Padai", the main object of which was to strike terror in the people by planting bombs to cause derailment of trains and to cause damage to Central and State Government properties by such acts and to secede Tamil Nadu from the Indian Union. It was alleged that A1- Senthilkumar, A2-Periyasami, along with the absconding accused Rajaram @ Madhavan and deceased Lenin and Karalan @ Nagarajan conspired together and A2-Periyasami introduced witness Sevi Periyasamy to them at Duraimangalam and they manufactured explosive bombs and caused blast of the rails of Bridge No.276 in between Kms. 292/6 and 7 situated between Kallakudi Pazhanganatham and Kallagam railway stations on 24/10/1992 at 2.45 hours with intention to endanger the life of passengers of Quilon Express which usually crosses the bridge at or about the same time and the explosion damaged 20 wooden sleepers and rails to a length of 20 feet and portion of concrete structures. The disaster was averted because the engine driver stopped the train noticing the boulders on the rails. It was also alleged that on 17/12/1993 A1-Senthilkumar was in unathorised possession of detonators and gelatin sticks without any permit. The....
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....der Section 4(1) of the TADA; rigorous imprisonment for a period of 5 years and to pay fine of Rs.1,000/- and in default to undergo rigorous imprisonment for a further period of 6 months for offence under Section 5 of the TADA; rigorous imprisonment for a period of 10 years and to pay fine of Rs.1,000/- and in default to undergo rigorous imprisonment for a further period of 6 months for offence under Section 3 of the Explosive Substances Act; rigorous imprisonment for a period of 5 years and to pay fine of Rs.1,000/- and in default to undergo rigorous imprisonment for a further period of 6 months for offence under Section 4 of the Explosive Substances Act and rigorous imprisonment for a period of one year and to pay fine of Rs.1,000/- and in default to undergo rigorous imprisonment for a further period of 2 months for offence under Section 3 read with Section 4 of the Prevention of Damage to Public Property Act (Total fine Rs.7,000/-). Substantive sentences were to run concurrently. 9. The trial court convicted A2-Periyasami under Section 120(B) of the IPC read with Sections 3(3) and 4(1) of the TADA, Sections 3(3) and 4(1) of the TADA and under Section 3 read with Section 4 of ....
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.... Koch v. State of Assam [(2008) 5 SCC 89], counsel submitted that conviction of A2-Periyasami cannot be sustained. Counsel submitted that A2-Periyasami was arrested one year after the incident because there was confusion about his name. Because of the similarity of name, he is implicated in this case though he is in no way concerned with the offence. Counsel submitted that no reliance can be placed on the evidence of PW-15 Sevi Periyasamy, because he himself is an accused. He procured sulphur for the preparation of bomb. Counsel further submitted that statement of this witness is recorded under Section 164 of the Code after a prolonged police custody hence, no reliance can be placed on it. In any case, it is uncontroverted that A2-Periyasami had asked PW-15 Sevi Periyasamy to only provide food for the four persons who were likely to come for a function. Relying on Prakash Kumar @ Prakash Bhutto, etc. v. State of Gujarat [(2007) 4 SCC 266], counsel submitted that considering the role assigned to A2- Periyasami, his conviction must be set aside. There is absolutely no evidence on record to establish that A2- Periyasami had any prior knowledge of the offence which was committed by the....
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....st at rails of Bridge No.276 in between Kms. 292/6 and 7 situated between Kallakudi Pazhanganatham and Kallagam Railway Stations, which damaged 20 wooden sleepers and rails to a length of 20 feet and a portion of concrete structures is not disputed. The engine driver of Quilon Express, which was to cross Bridge No.276, stopped the train as he saw boulders on the track. Thus, a great disaster was averted. So far as the occurrence of the blast is concerned, the prosecution has examined PW- 1 to PW-13, who are railway employees. It is not necessary to deal with their evidence because there is no serious challenge to that part of the prosecution story. 14. At the outset, we must deal with the submission that the prosecution has not examined any independent witnesses. It is common knowledge that when the terrorists unleash a way of terror, no independent witnesses are ready to come forward and depose against them. Prosecution case cannot be rejected on this ground. In any case, the evidence on record is cogent and reliable and, therefore, nonexamination of independent witnesses does not have any adverse impact on the prosecution case. We may also note that the evidence of defence wit....
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....tin bottles and inserted gelatin sticks in tin bottles. They left the house. When he asked them, where they were going, Lenin told him that he would come to know when he reads the newspaper on the next day. Next day, he read the newspaper and came to know that the railway bridge situated at Kallakam Muthuvathur village had been destroyed due to a bomb blast. He asked A2-Periyasami, who had caused the blast. A2-Periyasami told him that Lenin, Karalan and Rajaram @ Madhavan were responsible for the blast and if he discloses this to anybody, his family would be killed. Thereafter, he met A1-Senthilkumar at Thuraimangalam junction road. A1- Senthilkumar told him that he, Karalan, Lenin and Rajaram had destroyed the railway bridge. He told A1-Senthilkumar that he cannot give him shelter in his house. A1- Senthilkumar went away telling him that if he discloses this to anybody, they will finish his family. Therefore, in the interest of his family, he did not disclose to anybody what he was told. Thereafter, police interrogated him and he disclosed the facts which were known to him. He also identified the photographs of Karalan, Rajaram and Lenin. 16. He was examined in the Court on 13/....
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....mar to Chennai and produced him before PW-37 Ramanujam, Superintendent of Police, Q Branch CID, Chennai and gave a written requisition for recording confessional statement of A1-Senthilkumar under Section 15 of the TADA. On 20/12/1993, at 1800 hours PW-37 Ramanujam after ascertaining that A1- Senthilkumar was not threatened or induced to give his confessional statement, recorded his confessional statement and obtained his signature on each page. 18. In his confessional statement, A1-Senthilkumar has stated how he came in contact with one Murugesan, who was running an association to spread the ideology of Ambedkar. It is through Murugesan that he got acquainted with the activities of Tamil Nadu Liberation Force and associates of Murugesan like Lenin and Ravi. He stated that in the house of Ravi, Murugesan, Lenin and others used to hold secret meetings; they used to say that Tamil Nadu should secede from India and for that purpose, they have to fight with weapons. He further stated that Lenin took him to the house of PW-15 Sevi Periyasamy. Lenin told him that they had been sent by A2-Periyasami. Within short time, Rajaram @ Madhavan and Karalan @ Nagarajan also came there. Karalan....
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.... in the activities of Karalan, Lenin and Rajaram @ Madhavan and they had joined him in manufacturing explosive substances. His confession further reveals that he wrote slogans on papers and he was party to preparing, carrying and planting of bomb and causing of the blast. It must also be stated here that A1-Senthilkumar retracted his confessional statement. We shall advert to that a little later. 20. Having referred to the relevant evidence, we shall now consider whether the prosecution has established its case against A1-Senthilkumar. His confessional statement is a major piece of evidence against him. The question is what is the evidentiary value of a confession recorded under Section 15 of the TADA. 21. In Yakub Abdul Razak Memon, after referring to several judgments of this Court on the evidentiary value of confession particularly judgment of this Court in Nalini, this Court summed up the position of law on the evidentiary value of confession. The relevant conclusions could be quoted. "105. To sum up, it can easily be inferred that the position of law on the evidentiary value of confession is as under:- (i) If the confessional statement is properly recor....
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.... PW- 37 Ramanujam and the confessional statement of A1- Senthilkumar, which is at Ex-P/24. We are satisfied that the confessional statement was properly recorded; that A1- Senthilkumar was not forced or coerced into giving statement; that the statement is given voluntarily and that it is truthful. In our opinion, therefore, it can form the basis of conviction. 23. We must now come to the retraction. It is argued however that A1-Senthilkumar has retracted his confession and, hence, it has no evidentiary value. It cannot be relied upon. It is not possible to accept this submission. Retraction does not always dilute or reduce or wipe out the evidentiary value of a confessional statement. Quite often retraction is an afterthought. It could be the result of legal advice or pressure exerted by those whose involvement may be likely to be disclosed or confirmed by the confessional statement of the accused. Therefore, in each case, the court will have to examine whether the confession was voluntary and true and whether the retraction was an afterthought. In Kalawati v. State of Himachal [AIR 1953 SC 131], this Court stated that the amount of credibility to be attached to a retracted conf....
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....arked Ex-P/6 series. He compared the specimen handwriting with the handwriting appearing on the wall papers [MO 5 series and MO 22 series] and found that the writings on MO 5 series and MO 22 series were of the person who wrote writings marked Ex-P/6 series. Ex-P/6 series are the specimen handwritings of A1-Senthilkumar taken by PW-40 PI Pattabiraman. Thus, evidence of PW-13 M. Paramasivam and PW-32 K. Ramakrishnan provides necessary independent corroboration to the confessional statement of A1- Senthilkumar. The fact that the incriminating wall posters found at the scene of offence bear handwriting of A1- Senthilkumar is a clinching circumstance and goes a long way in establishing his guilt. 25. So far as evidence of PW-15 Sevi Periyasamy is concerned it is argued that he was himself involved in the offence. His evidence is tainted evidence and, hence, it should not be relied upon. It is not possible to accept this submission. The evidence of this witness clearly indicates that he did not know anything about the activities of the accused. He is an active worker of Ambedkar Welfare Association. He stated that he is a Dalit and he works for the cause of Dalits. According to him, ....
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....orated by other evidence on record. 27. We have extensively referred to the evidence of PW-15 Sevi Periyasamy. He stated how A1-Senthilkumar came to his house along with Lenin and how two other persons joined him. He further stated how they prepared the dough with gelatin sticks and broken glass pieces. He has further gone on to say that they left the house telling him that he should not ask them anything about their activities and he should read the next day's newspaper to know what they were doing. He has further stated that after the blast, he met A1- Senthilkumar at Perambalur-Thuraimangalam Junction Road and he told him that he, Karalan, Lenin and Rajaram had destroyed the railway bridge. A1-Senthilkumar left the place telling him that if he discloses it to anyone, all members of his family will be killed. This portion of his evidence finds sufficient corroboration from other evidence on record and, therefore, we are of the opinion that reliance can be placed on it. Thus, A1-Senthilkumar's involvement in the crime is proved to the hilt by his confessional statement recorded by PW-37 Ramanujam; by the evidence of PW-13 Paramsivam who stated that posters were seized from the ....