judges said that the police had failed to obtain CCTV footage from the ATMs and hence it would be difficult to accept the theory of the police, especially when it was their own case that the prime accused was an agriculturist and also the owner of a tourist cab. As far as the five assailants were concerned, the judges concluded that they were guilty because of their fatal overt acts. [6/23, 08:58] Sekarreporter 1: RT.No.3/2017 & Crl.A.Nos.162 to 165 & 183/2018 IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on: 18.03.2020 Delivered on: 22.06.2020 CORAM THE HON’BLE MR.JUSTICE M.SATHYANARAYANAN AND THE HON’BLE MR.JUSTICE M.NIRMAL KUMAR Referred Trial No.3 of 2017 and Crl.A.Nos.162 to 165 of 2018 and 183 of 2018 Crl.A.Nos.162 to 165 of 2018
[6/23, 08:30] Sekarreporter 1: https://www.google.com/amp/s/www.thehindu.com/news/national/tamil-nadu/failure-to-prove-conspiracy-led-to-acquittal-of-kowsalyas-father/article31894196.ece/amp/
[6/23, 08:55] Sekarreporter 1: judges said that the police had failed to obtain CCTV footage from the ATMs and hence it would be difficult to accept the theory of the police, especially when it was their own case that the prime accused was an agriculturist and also the owner of a tourist cab. As far as the five assailants were concerned, the judges concluded that they were guilty because of their fatal overt acts.
[6/23, 08:58] Sekarreporter 1: RT.No.3/2017 & Crl.A.Nos.162 to 165 & 183/2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on: 18.03.2020
Delivered on: 22.06.2020
CORAM
THE HON’BLE MR.JUSTICE M.SATHYANARAYANAN
AND
THE HON’BLE MR.JUSTICE M.NIRMAL KUMAR
Referred Trial No.3 of 2017
and Crl.A.Nos.162 to 165 of 2018 and 183 of 2018
Crl.A.Nos.162 to 165 of 2018
1.Chinnasamy … Appellant in Crl.A.No.162/2018 /A1
2.Jagatheesan
3.Manikandan
4.Selvakumar
5.Kalithamilvaanam @ Tamil @ Kalai
6.Mathan @ Michael … Appellants in Crl.A.No.163 of 2018 /A4 to
A8
7.Dhanraj @ Tamil @ Stephen Shanraj … Appellant in Crl.A.No.164 of 2018 /
A9
8.Manikandan … Appellant in Crl.A.No.165 of 2018 /A11
Vs
The Deputy Superintendent of Police,
Udumalpet Sub Division,
Udumalpet. … Respondent in all Crl.As.
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[6/23, 08:59] Sekarreporter 1: RT.No.3/2017 & Crl.A.Nos.162 to 165 & 183/2018
For Appellants
Crl.A.No.162 of 2018 (A1) : Mr.V.Karthick, Senior Counsel
assisted byMrs.AL.Gandhimathi
Crl.A.Nos.163 & 164 of 2018 : Mr.AR.L.Sundaresan, Sr. Counsel
(A4 to A8) (A9) assisted byMrs.AL.Gandhimathi
Crl.A.No.165 of 2018 (A11) : Mr.C.T.Murugappan
Crl.A.No.183 of 2018 : Mr.C.Emalias,
Additional Advocate General
assisted by
Mr.R.Prathap Kumar,
Additional Public Prosecutor.
For Respondents in
R.T.No.3 of 2017
& Crl.A.Nos.162 to 165/2018 &
Appellant in Crl.A.NO.183/2018 : Mr.C.Emalias,
Additional Advocate General
assisted by
Mr.R.Prathap Kumar
Additional Public Prosecutor
For R1 in Crl.A.No.183 of 2018 : Mr.R.Nagasundaram
For R2 in Crl.A.No.183 of 2018 : Mr.C.R.M.Prabhu
For R3 in Crl.A.No.183 of 2018 : Mr.N.Manoharan
COMMON JUDGMENT
M.SATHYANARAYANAN, J.
The Reference in R.T.No.3 of 2017 is made by the Court of Principal
District and Sessions Judge, Tiruppur under Section 366 of the Code of Criminal
Procedure [in short “CrPC”] seeking confirmation of capital punishment imposed
upon A1- Chinnasamy, A4-Jagatheesan, A5-Manikandan, A6-Selvakumar, A7-
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