HC directs trial court to examine all witnesses

The Madras High Court has directed a trial court to examine all witnesses cited in a report submitted by an IG of police, appointed by the high court as inquiry officer in a case of impersonation.

The matter relates to murder of a man named Chinnasamy by his brother Kalaiyappan's sons some years ago. Among the three accused siblings who were arrested was Govindasamy.

At the time of trial, a person who appeared as defence witness-2 claimed that he was Krishnan, another son of Kaliyappan.

The trial court awarded life sentence to two sons-- Ramu and Balu-- and "abated" the charges against Krishnan who was shown as A3 as he was dead according to the police report.
 

In the charge sheet, police had allegedly named Krishnan as accused instead of Govindasamy.

The defence witness-2 then filed a criminal miscellaneous petition alleging that police in Dharmapuri district had obtained his 'death certificate' when he was actually alive, instead of that of his elder brother Govindasamy, a murder accused who died during trial.

When it came up on April 22, the high court appointed IG Pon Manickavel as inquiry officer to probe the matter and submit a report as to whether "the person who is dead is Govindasamy or if the person who appeared before the court is Krishnan or he in fact is Govindasamy".

Manickavel in his report submitted on Wednesday said, "The person who is alive is only Govindasamy and the person who died on July 28, 2012 was Krishnan."

A division bench of justices S Nagamuthu and V Bharathidasan, after going through the report, said, "It becomes absolutely necessary for us to decide as to whether the defence witness is Krishnan who has been arraigned as A3 in the case or he is Govindasamy and also whether he has impersonated Krishnan."

"In order to resolve this issue we have to receive the evidence on oath. Under Section 391 CrPC in our considered view, the additional evidence collected by the IG of police is to be received," the bench said.

It directed Dharmapuri district collector to appoint a special public prosecutor competent in conducting criminal cases to conduct the trial.

It directed the trial court to receive the documents filed in the report as court exhibits.It also directed the court to conduct the trial on day to day basis and complete it on or before September 9 and to submit the report before September 12.