Kanchi Shankaracharya Sankararaman Murder Case Judgement

8/12/2019 Kanchi Shankaracharya Sankararaman Murder Case Judgement

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IN THE COURT OF THE PRINCIPAL SESSIONS JUDGE AT PUDUCHERRY

PRESENT: THIRU C.S.MURUGAN, M.A.,M.L.,PRINCIPAL SESSIONS JUDGE

Wednesday, the 27 th day of November, 2013

Sessions Case No. 94 of 2005

(Cr.No. 914 of 2004 of B2-Vishnu Kanchi Police Station, Kanchipuram)

Names of the accused 1. Subramanian @ Jayendra Saraswathi(70/04) S/o. Mahadeva Iyer, Erul Neeki,Mannarkudi now at Sri Sankara Mutt, No.1,Salai Street, Periya Kanchipuram

2. Sankaranarayanan @ VijayendraSaraswathi (35/04) S/o. M.Krishnamoorthy,Sri Sankara Mutt, No.1, Salai Street, PeriyaKanchipuram

3. N.Sundaresan (67/04) S/o. S.P. NatesaSasthirigal, Manager, Sri Sankara Mutt, No.1,Salai Street, Periya Kanchipuram

4. M.K.Raghu (29/04) S/o. M.KrishnaMoorthy, Sri Sankara Mutt, No.1, Salai Street,Periya Kanchipuram

5. K.G.Krishnaswamy @ Appu (49/04), S/o.K.G.Gopal Reddy, 5, IX Cross Road,M.K.B.Nagar, Chennai

6. Kathiravan (32/04) (died on 21.3.2013) S/o.Manickam, 9A, V.V.Giri Street, SathiyaGarden, Saligramam, Chennai

7. Rajinikanth @ Chinna @ Rajinichinna(29/04) S/o. P.Sugunan, 32/54, JeevananthamStreet, G.K.M. Colony, Chennai

8. Ambigapathy @ Ambi (31/04) S/o.Rajagopal, 14, Pillaiyar Koil St.,Venkayamandi, Maduravoil, Chennai.

9. M.Bhaskar @ Madu Bhaskar (24/04) S/o.Muthu, 26, Karunanithi Street, Annai AnjugamNagar, G.K.M. Colony, Chennai

10. K.S.Kumar (34/04) S/o. Shankar, 65,Rajan Nagar Main Road, Kolathur, Chennai

11. Anandakumar @ Anand (22/04) S/o.Chinnaian, 15, 37th street, G.K.M. Colony,Villivakkam, Chennai


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12. Anilkumar @ Anil (25/04) S/o. DennisPaul, 562/A, Saraswathi Nagar,Thirumullaivoil, Chennai

13. Meenakshisundaram @ Sundar (32/04)S/o. N.Veerasamu, 4/30, Palai Street, M.G.R.Nagar, Chennai

14. R.T.Palani (36/04) S/o. Thandavarayan,110, 7th Padasalai Street, Jaffarkanpet,Chennai

15. Ravi @ Kuruvi Ravi (34/04) S/o.Paramaguru, 27, Burma Colony,Ekkattuthangal, Chennai

16. Arumugam (22/04) S/o. Palanisamy, 37,2nd street, Jothi Nagar, Ekkattuthangal,Chennai

17. Pandian @ Thil Pandian (22/04) S/o.Thangavel, 80/26, Mugapair Road, Mannurpet,Padi, Chennai

18. Satheesh (22/04), S/o. Krishna Murthy,12, Panjaliamman Koil Street, AmbedkarNagar, Arumbakkam, Chennai

19. Devaraj (37/04), S/o. Anandan, 10/30, 30th Street, M.G.R. Street, Puttmedu, G.K.M.Colony, Villivakkam, Chennai.

20. Arun (19/04), S/o. Umesh Balan, No.4,Thanthai Periyar Kudil, Puttmedu, G.K.M.Colony, Villivakkam, Chennai.

21. Arumugam (24/04) S/o. Ramachandran, Arjunanmedu, Thiruverkadu, Chennai.

22. Sekhar (27/04), S/o. Arunachalam, 47,32nd Street, Jeevanandan Street, G.K.M.Colony, Chennai

23. Silverstar @ Stalin (24/04), S/o. John Arokiya Dass, 74/36, Dr.Jayaprakash Street,G.K.M. Colonry, Villivakkam, Chennai

24. Senthilkumar (24/04) S/o.K.Vaithiyalingam, 45/25, Balaji Nagar, 1st MainRoad, Ekkattuthangal, Chennai


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xi) Offering gift or restoration of property in

consideration of screening offender if theoffence be capital, punishable u/s. 214 ofIPC;

Plea of the accused Not guilty

Finding of the Judge Not guilty

Sentence or order The charges framed for the offences (1) u/s.120-B(1) r/w. 302 of IPC against the AccusedNo.1 to 5; (2) u/s. 120-B(1) r/w. 302 of IPCagainst the Accused No.7 to 12; (3) u/s. 120-B(1) r/w. 302 of IPC against the AccusedNo.13 to 15 and 21 to 24; (4) u/s. 120-B(1)r/w. 302 of IPC against the Accused No.16 to20; (5) u/s. 449 of IPC against the AccusedNo.8 to 10; (6) u/s. 302 r/w. 34 of IPC againstthe Accused No.7 to 12; (7) u/s. 302 of IPCagainst the Accused No.8 and 9 ; (8) u/s. 114r/w. 302 of IPC against the Accused No.7 and10 to 12; (9) u/s. 109 r/w. 302 of IPC againstthe Accused No.1 to 5; (10) u/s. 201 (1) r/w.302 of IPC against the Accused No.16 to 20;(11) u/s. 201 (1) r/w. 302 r/w. 109 of IPCagainst the Accused No.1 to 5, 7, 9 and 13 to15; (12) u/s. 213 of IPC against the AccusedNo.16 to 20; (13) u/s. 213 r/w. 109 of IPCagainst the Accused No.21 to 24; (14) u/s. 214of IPC against the Accused No.1 to 5, 7 and13 to 15 as against the accused are notproved by the prosecution beyond allreasonable doubts and hence, the accused

are acquitted thereof in terms of Section 235(1) of Cr.P.C. and the bail bonds executed bythem stand discharged.

The charges framed as against A6-Kathiravan for the offences u/s. 120- B (1) r/w.302 I.P.C., u/s. 109 r/w. 302 I.P.C, u/s. 201 (1)r/w. 302 r/w. 109 I.P.C. and u/s. 214 I.P.C. areabated.

The approver Subramaniam @Ravisubramaniam is directed to be releasedforthwith u/s. 306 Cr.P.C., if his custody is no

longer required in any other case.The Material Objects No.1 to 6, 25 to

27, 29, 37 to 39, 41, 45, 49, 50, 52, 55, 63, 64,66, 67, 68, 73 and 74 are ordered to bedestroyed, M.Os.15 to 24 are ordered to bekept with case records, M.Os.(30 to 36, 40,48, 56,62, 65) series, M.Os.46, 51, 53 and 54are ordered to be confiscated to State, M.Os.,8, 28, 47, 57, 58, 59 and 69 are ordered to be


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returned to the respective R.C. owners,M.Os.9 to 14 are ordered to be returned toP.W.54, M.Os.42 to 44 are ordered to bereturned to A13, M.O.70 (two rings) andM.O.71 (bracelet) are ordered to be returnedto P.W.49 and M.O.72 (chain) is ordered to bereturned to P.W.74, M.Os.60 and 61 aredirected to hand over to the Regiment Center,

Avadi Chennai, that too, after the expiry of theappeal time. M.O.7. Toyota Qualis car wasalready returned to the R.C.owner on bondand the bond get cancelled after the appealtime is over.

Pleaders for the accused For A1 : M/s Venkataraman andK.S.Dhinakaran, Senior Counsels and

A.Sendhil Narayanan, Advocate;

For A2 & A4 : M/s D.Lakshmana Reddy,M.Varadan, R.N.Sivakumar andK.S.Vaithianathan, Advocates;For A3 : Mr. V.Varadarajan, Advocate;

For A5 : M/s R.Rajarathinam and P.SolomonFrancis, Advocates;

For A6 : M/s P.N.Prakash, (presently Hon'bleJustice, High Court, Madras.) & P.SolomonFrancis, Advocate:

For A7 to A12 : M/s K.Lakshmi Narayanan andG.Balasundaram, Advocates; and

For A13 to A24 : M/s K.M.Subramanian, A.T.Nagendiran and M.Chinnadurai, Advocates.

Prosecution conducted by Thiru N. Devadas Special Public Prosecutor

(Sessio ns Case No.191 of 2005 on th e f i le of Princ ipal Session s

Jud ge, Chengelpat tu was received on t ransfer as per the Orders o fthe Hon 'ble Suprem e Court o f India in Transfer Pet i t ion (Crl . ) No.134of 2005 dated 26.10.2005 and renu mb ered as S.C.No.94 of 2005 onthe f i le o f th is Co urt o n 25.11.2005.)

[On a Peti t ion f i led by A1-Subramani @ Jayendra Saraswathiob ject ing to th e appo in tment o f Specia l Publ ic Prosecu tor by theGovernment o f Tami lnadu in th is case , my learned predecessorpassed an order d ismiss ing the pet it ion ho ld ing that the Governmentof Tami lnadu has com petency to appo in t Special Publ ic Prosecu tor


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even af ter the t ransfer o f the case f rom the Pr incipal Sess ion s Cou r t ,Chengalpet to th is Cour t . Agains t which rev is ion was f iled beforethe Hon 'b le High Cour t . The Hon 'b le High Cour t was a l so p leased tod ism iss the pet i t ion . F inally, the mat ter went to the Hon 'b le SupremeCour t o f Ind ia and th e Hon 'b le Supreme Cour t o f Ind ia passed Ordersdated 22.07.208 in Crl.Appeal No.1132/2008 in S.L.P(Crl)No.1248/2006 direct in g the State of Pond icherry m ay con tinue theprosecu t ion and that the Publ ic Prosecu tor o r Specia l Publ icProsecu tor may be appoin ted b y the Government o f Pond icherry.]

This case coming on 12.11.2013 for final hearing before me in thepresence of Thiru N.Devadass, Special Public Prosecutor for the State and M/s.Venkataraman and K.S.Dhinakaran, Senior Counsels and A.Sendhil Narayanan,

Advocate for A1, and M/s. D.Lakshmana Reddy, M.Varadan, R.N.Sivakumar andK.S.Vaithianathan for A2 and A4, and Mr. V.Varadarajan for A3, and M/s. RRajarathinam and P.Solomon Francis for A5, and M/s. P.N.Prakash, presentlyHon'ble Justice of Hon'ble High Court, Madras and P.Solomon Francis for A6,and M/s. K.Lakshmi Narayanan and G.Balasundaram for A7 to A12 and M/s.K.M.Subramanian, A.T.Nagendiran and M.Chinnadurai for A13 to A24 and onhearing both sides and upon perusing the case records, and having stood overtill this day for consideration, this Court delivered the following:

JUDGMENT

The Additional Superintendent of Police, in Crime No. 914 / 2004 of B2-

Vishnu Kanchi Police Station, Kanchipuram brought the accused before the

committal Court alleging as follows:

The deceased Sankararaman was the Administrative Manager of Sri

Varadharajaperumal Temple at Kanchipuram. He had exposed the misdeeds as

well as assassinated the personal character and conducts of A1 Subramanian @

Jayendra Saraswathi, A2 Sankaranarayanan @ Vijayendra Saraswathi and A4

M.K.Raghu relating to the mal-administrative affairs of Sankara Mutt at

Kanchipuram through various letters addressed to A1 Subramanian @ Jayendra

Saraswathi, Sankara Mutt, Kanchipuram under the guise and name of

Somasekara Kanapadigal. The act of Sankaraman humiliated, infuriated and

intimidated them which resulted to have a final decision of eliminating thedeceased Sankararaman by A1, in consultation with other accused, namely, A3

Sundaresan, A4 Raghu, A5 Krishnaswamy @ Appu and A6 Kathiravan along

with the Approver Subramaniam @ Ravi Subramaniam. Accordingly, on

01.09.2004 at Sankara Mutt, Kanchipuram, after receipt of final notice


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threatening A1 Subramanian @ Jayendra Saraswathi and A2 Sankaranarayanan

@ Vijayendra Saraswathi to face serious consequences and aggrieved by that,

A1 Subramanian @ Jayendra Saraswathi and A2 Sankaranarayanan @

Vijayendra Saraswathi decided to do away with the deceased Sankararaman and

entered into a criminal conspiracy with A3 Sundaresan, A4 Raghu, A5

Krishnaswamy @ Appu and A6 Kathiravan along with the Approver

Subramaniam @ Ravi Subramaniam. In pursuance of the criminal conspiracy

that was entered into among the accused No.1 to 6 along with the approver

Subramaniam @ Ravi Subramaniam, A5 Krishnaswamy @ Appu and A6

Kathiravan made arrangement to procure hirelings, namely, A7 Rajinikanth @

Chinna @ Rajinichinna, A8 Ambigapathy @ Ambi, A9 Bhaskar @ Madu Bhaskar,

A10 Kumar, A11 Anandakumar @ Anand and A12 Anilkumar @ Anil, who were

actual assailants and also made arrangement for surrendering A16 P.Arumugam,

A17 Pandian @ Thil Pandian, A18 Satheesh, A19 Devaraj and A20 Arun with a

view to cause disappearance of evidence and to conceal the actual offenders

from the clutches of law, and that too, with an aid and facilitation of A13

Meenakshisundaram @ Sundar, A14 Palani, A15 Ravi @ Kuruvi Ravi, A21

R.Arumugam, A22 Sekhar, A23 Silverstar @ Stalin and A24 Senthilkumar. Thus,

A1 to A24 have entered into the criminal conspiracy to execute common design

of the conspiracy to do away with the deceased Sankararaman.

2. In pursuance of the conspiracy, A6 Kathiravan, A7 Rajinikanth @ Chinna

@ Rajinichinna, A9 Bhaskar @ Madu Bhaskar along with the approver

Subramaniam @ Ravi Subramaniam visited Kanchipuram on 02.09.2004, a day

prior to the commission of murder, with a view to locate the whereabouts and fix

the identity of the deceased Sankararaman. To execute the conspiracy on

03.09.2004, A7 Rajinikanth @ Chinna @ Rajinichinna, A8 Ambigapathy @ Ambi,

A9 Bhaskar @ Madu Bhaskar, A10 Kumar, A11 Anandakumar @ Anand and

A12 Anilkumar @ Anil came in three motor cycles to Kanchipuram and stopped

the said motor cycles near the western gate of Sri Varadharajaperumal temple


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and at about 05.45 p.m. on 03.09.2004, while A7 Rajinikanth @ Chinna @

Rajinichinna, A11 Anandakumar @ Anand and A12 Anilkumar @ Anil were

waiting on the said motor cycles, and A8 Ambigapathy @ Ambi, A9 Bhaskar @

Madu Bhaskar, A10 Kumar with aruvals entered into the said temple and while

A10 Kumar was standing near the foot-steps leading to the entrance of the office

and watching the movement of the people, A8 Ambigapathy @ Ambi and A9

Bhaskar @ Madu Bhasker entered into the office (Vasantha Mandapam) and

inflicted the fatal injuries on the head and neck of the deceased Sankararaman

and caused instantaneous death, in the presence of N.S.Ganesh, Jewel

Accountant and K.Duraikannu, Office Assistant of the said temple. The two eye

witnesses were shocked, shouted and chased the accused with the help of other

co-employees of the office of the said temple. After committing murder of the

deceased Sankararaman, A8 Ambigapathy @ Ambi, A9 Bhaskar @ Madu

Bhaskar, A10 Kumar fled away from the scene of crime with the help of A7

Rajinikanth @ Chinna @ Rajinichinna, A11 Anandakumar @ Anand and A12

Anilkumar @ Anil who were already waiting with the above said three motor

cycles, near the western gate of the said temple. Then the said witnesses

Ganesh and Duraikannu returned to the office and saw the Sankararaman lying

dead in sitting position on a plastic chair with pool of blood. Then Kuppusamy,

one of the Accountant of Sri Varadharajaperumal temple informed the same to

the police. On receipt of information over phone, the Inspector of Police, B2

Vishnu Kanchi Police Station came to the place of occurrence and obtained a

written complaint from N.S.Ganesh and registered a case in Crime No. 914/2004

u/s. 302 r/w. 34 of IPC.

3. After the initital investigation, the chief Investigating Officer, Thiru

S.P.Sakthivel took up the case for further investigation from the Inspector of

Police, B2 Vishnu Kanchi Police Station. During investigation, the accused

Subramaniam @ Ravi Subramaniam turned approver and the Chief Investigating

Officer, after fulfledged investigation, came to a positive conclusion that the


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accused No.1 to 24 committed the offences u/s. 120-B, 120-B r/w. 302, 449, 201,

109 and 34 of IPC; Accused No.8 and 9 committed the offence u/s. 302 r/w. 34

IPC and 449 IPC; Accused No.10 committed the offence u/s. 449 and 302 r/w.

109 IPC; Accused No.7, 11 and 12 committed the offence u/s. 302 r/w. 109 IPC;

Accused No.7, 9 and 13 to 15 committed the offence u/s. 214 r/w. 302, 109 r/w.

201 r/w. 302 of IPC; Accused No.16 to 20 committed the offence u/s. 201 r/w.

302 and 213 r/w. 302 of IPC; and Accused No.21 to 24 committed the offence

u/s. 109 r/w. 201 r/w. 302 of IPC and they should be punished for the said

offences.

4. Learned Judicial Magistrate No.1, Kanchipuram, on receipt of the final

report laid u/s. 173 (2) of Cr.P.C. and on appearance of the accused, furnished

copies of the relevant records and documents as mandated u/s. 207 of Cr.P.C.

thereafter, upon perusal of the records, the learned Judicial Magistrate No.1,

Kanchipuram came to a positive conclusion that the offences involved in this

case is exclusively triable by Court of Sessions and hence, committed the case

before the Principal Sessions Judge, Chengalpattu and the Principal Sessions

Judge, Chengalpattu assigned Sessions Case No.191/2005.

5. As per the orders of the Hon'ble Supreme Court of India, in Transfer

Petition (Crl.) No. 134 of 2005 dated 26.10.2005, the Sessions Case

No.191/2005 pending on the file of Principal Sessions Judge, Chengalpattu was

withdrawn and transferred to the file of this Court and re-numbered as Sessions

Case No.94/2005 on 25.11.2005.

6. On appearance of the accused before this court and after hearing both

sides, upon perusing the entire materials on record and having satisfied prima

facie that there are sufficient grounds to frame charges against the accused, my

learned predecessor's predecessor framed charges u/s. 120-B of IPC against the

accused No.1 to 24 ; u/s. 120B r/w. 302, 449, 201, 109 and 34 of IPC against the

accused No.1 to 24 ; u/s. 449 of IPC against the accused No.8 to 10 ; u/s. 302 of

IPC against the accused No.8 and 9 ; u/s. 302 r/w. 34 of IPC against the accused


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No.10; u/s. 302 r/w. 109 of IPC against the accused No.10 ; u/s. 302 r/w. 109 of

IPC against the accused No.7, 11 and 12 ; u/s. 214 r/w. 302 of IPC against the

accused No.7, 9, 13, 14 and 15 ; u/s. 109 r/w. 201 r/w. 302 of IPC against the

accused No.7, 9, 13, 14 and 15 ; u/s. 201 r/w. 302 of IPC against the accused

No.16 to 20; u/s. 213 r/w. 302 of IPC against the accused No.16 to 20 ; u/s. 109

r/w. 201 r/w. 302 of IPC against the accused No.21 to 24; and accordingly, the

charges u/s. 120-B of IPC against the accused No.1 to 24 ; u/s. 120B r/w. 302,

449, 201, 109 and 34 of IPC against the accused No.1 to 24 ; u/s. 449 of IPC

against the accused No.8 to 10 ; u/s. 302 of IPC against the accused No.8 and 9 ;

u/s. 302 r/w. 34 of IPC against the accused No.10 ; u/s. 302 r/w. 109 of IPC

against the accused No.10 ; u/s. 302 r/w. 109 of IPC against the accused No.7,

11 and 12 ; u/s. 214 r/w. 302 of IPC against the accused No.7, 9, 13, 14 and 15 ;

u/s. 109 r/w. 201 r/w. 302 of IPC against the accused No.7, 9, 13, 14 and 15 ; u/s.

201 r/w. 302 of IPC against the accused No.16 to 20; u/s. 213 r/w. 302 of IPC

against the accused No.16 to 20 ; u/s. 109 r/w. 201 r/w. 302 of IPC against the

accused No.21 to 24 are framed, read over, explained and questioned the

accused. The accused pleaded not guilty and thereby claim to be tried.

7. Again, on 18.12.2008 my learned predecessor after hearing both sides

and upon perusing the records and having satisfied that there are materials to

alter the charges, altered the charges as follows:

(1) u/s. 120-B(1) r/w. 302 of IPC against the Accused No.1 to 6;


(3) u/s. 120-B(1) r/w. 302 of IPC against the Accused No.13 to 15 and

21 to 24;


(5) u/s. 449 of IPC against the Accused No.8 to 10;

(6) u/s. 302 r/w. 34 of IPC against the Accused No.7 to 12;

(7) u/s. 302 of IPC against the Accused No.8 and 9;

(8) u/s. 114 r/w. 302 of IPC against the Accused No.7 and 10 to 12;


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(10) u/s. 201 (1) r/w. 302 of IPC against the Accused No.16 to 20;

(11) u/s. 201 (1) r/w. 302 r/w. 109 of IPC against the Accused No.1 to 7,

9 and 13 to 15;

(12) u/s. 213 of IPC against the Accused No.16 to 20;


(14) u/s. 214 of IPC against the Accused No.1 to 7 and 13 to 15

the substance of the charges were read over, explained and questioned the

accused. The accused pleaded not guilty and thereby claim to be tried.

8. To substantiate the prosecution case, PWs-1 to 189 witnesses are

examined, Exs.P1 to P491 documents and M.Os.1 to 74 are marked.

9. The case of the prosecution unfolded during the trial is briefly as follows:

9-1. The deceased Sankararaman was the Administrative Manager of Sri

Devarajaswamy Thirukkoil Devasthanam, Chinna Kanchipuram. Padma (PW-1)

is his wife, Uma Maitherayee (PW-2) is his daughter and Anandhakrishna

Sharma (PW-3) is his son. He was discharging the duties of attending

correspondences, temple related cases and lease of the lands. His father Anand

Sharma was also serving in Kanchi Sankara Mutt, while Maha Periyavar Sri

Chandirasekara Saraswathi Swamigal was in the Mutt. After the demise of Maha

Periyavar, the administration of the Mutt at the hands of Jeyendira Saraswathi

Swamigal and Vijendira Saraswathi Swamigal became worst and hence, the

deceased Sankararaman frequently brought about the mal-administration of the

Mutt to the notice of the public, in person and by letters. During the year 2001,

deceased Sankararaman came to know that Jeyendira Saraswathi Swamigal

(A1) proposed a trip to China and hence, in order to prevent the same, the

deceased Sankararaman approached the Hon'ble High Court, Madras, and at

his instigation, the said trip by the said Jeyendira Saraswathi Swamigal(A1) was

cancelled, and as such, there was a difference of opinion between the deceased


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Sankararaman and the Kanchi Sankara Mutt which is brought out by the

prosecution through the documents marked as Ex.P2 series 1 to 81.

9-2. Ganesh (PW-4) was working as an accountant for the ukkranam /

jewels of the temple. On 03.09.2004 at about 05.45 while he was in his seat in

the office of the said Devarajaswamy Devasthanam, and while the deceased

Sankaraman was sitting on a plastic chair opposite to the seat of the temple

Accountant Kuppusamy (PW-6), and K.Duraikannu (PW-5) was standing near

the seat of the Cashier A.S.Kannan, two persons entered into the office with

aruvals and attacked the deceased Sankararaman with the aruvals and caused

injuries on his head, near right ear, neck, back of head and left little finger, and

after that, both of them fled away from the place of occurrence along with others

who were waiting out side the temple through two Yamaha motor cycles and one

Hero Honda motor cycle. Sankararaman was lying dead in the chair, and then

they informed about the incident over phone to the administration of the temple,

the police, Padma (PW-1), Uma Maitherayee (PW-2) and others.

9-3. On receiving information through wireless message at about 05.45

p.m., Thiru Kothandapani (PW-167), the then Inspector of Police, Vishnu Kanchi

Police Station went to the place of occurrence viz. office of the temple, and

received a written complaint Ex.P14 from Ganesh (PW-4). Thereafter, at 19.00

hours, he went to the Police Station and registered a case in Crime No. 914/04

u/s. 302 r/w. 34 of IPC, and the printed FIR is Ex.P-313. FIR was sent to the

Judicial Magistrate No.1, Kanchipuram and the copies thereof to other officials

concerned. Thereafter, at about 19.45 hours he went to the place of occurrence,

observed the scene of crime, prepared observation mahazar Ex.P315, drew a

rough sketch Ex.P314 in the presence of Chitti Babu (PW-11) and Sundararajan

(PW-12), seized blood stained mosaic tile (MO-3), controlled mosaic tile piece

(MO-4), broken plastic chair (MO-5) and blood stained broken leg piece of the

chair (MO-6) under cover of seizure mahazar (Ex.P24). Then, he conducted

inquest on the dead body of the deceased Sankararaman in front of Kannan


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(PW-30), four other Panchayatars and witnesses, PWs 1, 2, 4, 5 and 6. Further,

he recorded the statements of the said witnesses and prepared Inquest Report

Ex.P316 between 8.45 and 10.30 p.m. He sent the body of the deceased for

postmortem examination through Head Constable Gengan (PW-162). He

examined the mahazar witnesses and recorded their statements. He requested

the services of sniffer dogs, Forensic Experts, Finger Print Experts and photo

graphers. Several teams were formed for the purpose of apprehending the

accused and to seize the vehicles used by the accused for the commission of the

offence.

9-4. On the next day viz. 04.09.2004, Dr. Murali Krishnan (PW-163) the

Medical Officer, Government Hospital, Kanchipuram, after receiving requisition at

about 08.30 a.m. through Gengan (PW-162), Head Constable, conducted

postmortem on the body of deceased Sankara Raman, aged about 52 and

having identification marks: 1) A black mole on the right thigh, and 2) A black

mole on the right side stomach, and the postmortem was commenced at 08.40

a.m. At that time, Rigor mortis were present in both hands and both legs.

External injuries:

1) Deeply lacerated wound extending from near the right eye backwards

above the left ear over right temporal region to right occipital regionlength 19 cm x 1 x 6 cm depth extending deeply obliquely throughright temporal bone cutting injuries. The right brain mater inner wallsdark reddish brown surrounding skin stained with dark brown bloodclots.

2) Deep lacerated wound on the right occipital region extending to theright neck and back of neck 28cm x 2cm x 7 cm deeply obliquelyplaced cutting through the outer aspect of right occipital region bone toposterior neck muscles as seen in figure.

3) Deeply lacerated wound right occipital parietal region 8 cm x 1.5 cm x3 cm placed 10.5 cm right side of midline cutting through bone i.efracture extending upwards 6cm surrounding skin stained brown bloodclots.


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4) Traumatic amputation of left little finger attached only by skin,amputated segment 5 cm lacerated wound extends over dorsum of

left hand extending from the medial border of base of left little fingeramputating the left little finger cutting through head of the 4th metacarpal and shaft of 3rd mata carpal 8 cm x 1.5 cm x 2.5 cm.

Internal injuries: On opening the skull, middle and posterior part of right temporal

lobe 8 x 3 cm size damaged and seen through injury No.1. Damage extending 2

cm deeply into the brain mater, corresponding bone - right temporal parieto

occipital bones cut obliquely upto the face of skull.9-5. On 07.09.2004, while Thiru T.S.Alagesan (PW-174) was working as

Scientific Assistant in Forensic Science Laboratory at Chennai, he received

viscera of the deceased Sankararaman, he examined the viscera along with

Jalaja Pattabiraman, Scientific Assistant under the supervision of Assistant

Director, P.Shanmugam, and on examination, it was found that the viscera did

not contain any poisonous substance and he issued Viscera Report (Ex.P 325).

9-6. After considering Viscera Report (Ex.P291) and postmortem

findings, Dr. Murali Krishnan (PW-163) opined that the death occurred due to the

injuries sustained by the deceased and it is possible that the injuries could have

been inflicted with the knives. Post Mortem Certificate is Ex.P-290.

9-7. After conducting Post-mortem Examination, PW-162 Genganhanded over the dead body of the deceased Sankararaman to his son Ananda

Krishna Sharma (PW-3).

9-8. On 4.9.2004 at about 7.00 a.m. during search of the house of

deceased Sankararaman by the police accompanied by the witnesses one

Gnanasambandam (PW-10) and one Senguttuvan, the daughter of the deceased

produced a plastic file containing certain documents and Inspector Kothandapani

(PW-167) seized the same under cover of mahazar Ex.P20 in the presence of

the above said witnesses and he examined them along with PWs 1 and 2 and

recorded their statements. At about 07.00 p.m he seized blood stained shirt

(MO-1) and blood stained dhothi (MO-2) which were produced by Gengan, the


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then Head Constable (PW-162) after postmortem examination, under Form 95

Ex.P289, and then recorded the statement of Gengan (PW-162).

9-9. Thiru Gnanasambandam (PW-10), Assistant Commissioner of

Varadaraja Perumal Temple, Kamatchi Ammal Koil and Ayyangarpuram

Anjaneyar Temple at Kanchi issued a showcause notice to the deceased

Sankararaman as the deceased Sankararaman gave an interview in a Tamil

magazine 'Kalki' on 16.02.2002 about the women folk, and in that regard the said

Sankararaman gave an explanation to the notice. PW10 handed over the files

(Ex.P21 series 1 to 9), and (Ex.P22 series 1 to 11) to the police relating to the

auction of temple lands. Sankararaman gave a complaint to the Commissioner

of HR&CE relating to the land and building auction of Kamatchi Amman Temple

and relating to the Golden Chariot, Golden tower and Goddess Vehicle

(Vahanam), and Commissioner conducted enquiry on the said complaint of

Sankararaman. Ex.P23 series 1 to 19 is the relevant file.

9-10. On 05.09.2004, Inspector Kothandapani (PW-167) examined

Gajapathy (PW-7), Achu @ Achudan (PW-8), Kumar (PW-9), Basker (PW-14)

and Natarajan (PW-15) and recorded their statements. On 06.09.2004, at the

scene of occurrence he examined Kasthuri (PW-13) and one Raman and

recorded their statements. On 14.09.2004 he participated the police officers

meeting convened by DIG, Chengalpet Range, where he was informed that

several teams had been formed for the investigation of this case and the

Investigating Officer has been changed. Then he was informed over phone to

hand over the case file and accordingly he handed over the case file to Thiru

Davidson Ashirvadam, Superintendent of Police, Kanchipuram.

9-11 Tmt. Bhuvaneswari, Additional Superintendent of Police, Crime of

Kanchipuram District was on medical leave. Hence, as per the order (Ex.P326)

dated 14.09.2004 issued by the D.I.G. Chengai District, Thiru S.P.Sakthivelu

(PW-189), the then Addiional Superintendent of Police, Enforcement,

Kanchipuram was appointed as the Principal Investigating Officer in this case,


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and accordingly, on 14.09.2004 he took up the investigation of this case from

Thiru Davidson Ashirvadam, Superintendent of Police, Kanchipuram, and

received the case file. By the said order (Ex.P326), Thiru K.K.Rajarathinam,

Deputy Superintendent of Police; Thiru A.Mohanavel, Inspector of Police, B-2

Siva Kanchi Police Station; and Thiru Rajarajan, Inspector of Police, Chengalpet

Town Police Station were deputed by the Superintendent of Police to assist PW-

189 in the investigation.

9-12. On the same day, the Chief Investigating Officer (PW-189) sent

requisitions through the Superintendent of Police, Kanchipuram to Thiru

Narasimhan, Divisional Engineer, Telephones; Thiru Rameshkumar, Aircel,

Pondicherry; Trichy BSNL officers; Kanchipuram BSNL officer; and Thiru Sannor,

Airtel officer, calling them to furnish call details of incoming and outgoing in

respect of the telephone Nos. 1) 24867155, 2) 222115, 3) 223405, and Mobile

Nos: 1) 984233131, 2) 9443220321, 3) 9443689855, and 4) 9840024003. He

visited the scene of crime and verified the records and seizure of material

objects. He examined Narasimhan (PW-91), Sambath (PW-92), Saminathan

(PW-93) and Duraikannu (PW-5) and recorded their statements. He perused the

report of the Deputy Superintendent of Police, Crime Branch, the final notice of

deceased Sankararaman issued to Sankara Madam, the complaint of

Sankararaman and Jeganathan sent to H.R.& C.E Department, the report of the

Commissioner, HRI, statement of HC 357 (PW-154), the report of Thiru

Mohanavel, Inspector of Police and the statements recorded by the said

Mohanavel, the Attendance Register of Varadaraja Perumal Koil paid staff and

volunteers and other staffs. Since, there was heavy rain on the date of

occurrence, finger print or clue from sniffer dogs were not available. The

Superindent of police forwarded to him the thapals received on 14.09.2004.

9-13. On 17.09.2004, Thiru Rajarajan, Inspector of Police sent him a

special report along with statements of Valasaravakkam Mathi @ Mathiazhagan.

Investigating Officer (PW-189) went through the statement and the special report.


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On 19.09.2004, he along with Superintendent of Police examined Thiru Kannan,

Head Constable 357 (PW-154). He perused the case file in Cr.No.2 of 2004 of

Vishnu Kanchi Town PS in respect of theft of Amman Thali chain of the temple

and also the special report submitted by the Inspector of Police.

9-14. Again, on 20.09.94, the Chief Investigating Officer (PW-189) sent

Tvl. Manickam and Rajarajan, Inspectors of Police to find out the hirelings at

Chennai. He perused the special reports submitted by Thiru Muniappan,

Inspector of Police (PW-177) and Thiru Mohanavel, Inspector of Police (PW-173)

along with the statements of the witnesses recorded by them. He ascertained

that all the complaints sent by the deceased Sankararaman against the Sankara

Mutt had been prepared in the Students Xerox Centre situated at Nambi Street,

Thirukanchi. He sent letter through Superintendent of Police to furnish call details

of the following phones/mobiles to the following persons:

1) Divisional Engineer, BSNL, Kanchipuram: 220853.

2) MD., Air Cellular, Annasalai, Chennai: 98410 20033.

9-15. Then the Chief Investigating Officer (PW-189) sent all the

documents seized during the period from 3.9.2004 to 20.9.04 to the Judicial

Magistrate-I, Kanchipuram. As per the order No.C 263/Camp/ Kanchipuram/2004

(Ex.P353) 29 police officials were deputed to him for the investigation of this

case. He examined the witnesses: Gajapathy (PW-7), Achudan @ Achu (PW-8),

Kumar (PW-9), Natarajan (PW-15), Baskar (PW-14), Kasthuri (PW-13), Dr.

Muralikrishnan (PW-163) who conducted Postmortem examination and recorded

their statements. He perused the statements of the witnesses: Veeraragavan,

Lakshmi Narasimmhan, Govindan (PW-21), Kuppusamy (PW-6) Ushrani, and

Kannan (PW-30) recorded by Thiru Mohanvel, Inspector of Police (PW-173). He

also perused the statements of the witnesses: Balamurugan, Ellappan, and

M.S.Kumar recorded by Muniappan, Inspector of Police (PW-177).

9-16. On 21.09.2004, the Chief Investigating Officer (PW-189) examined

the witnesses Gnanasambandam (PW-10), Senguttuvan, mahazar witnesses


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Appasamy and Venugopal (PW-130) and recorded their statemens. Thiru

Mohanavel, Inspector of Police (PW-173) submitted a special report to him along

with the statements of witnesses Subramanian, Sridharan, Vijayaragavan,

Gajapathy (PW-7), Govindaraj (PW-26), Kumar (PW-9) and Ganesan, and he

also recorded their statemens. On 22.09.2004, the chief Investigating Officer

(PW-189) examined Padma (PW-1) and Uma Maithirayee (PW-2) by showing the

documents Ex.P2 series and recorded their statements. Thiru Mohanavel,

Inspector of Police (PW-173) submitted to him a report along with the statements

of the witnesses Thamizhmani, Selvam (PW-61), Panjanathan, Manickam,

Tmt. Kantha, Tmt. Sivagami, Tmt. Muniammal recorded by PW-173. He

conducted enquiries about the notorious rowdies at Thiruvotriyur viz. Gate

Rajendiran, Jeganathan and Vellai Ravi. He sent Padma (PW-1) and Uma

Maithirayee (PW-2) to the Computer Division at Chennai in order to sketch out

the figure of the accused. He sent letter to the concerned officials to furnish

incoming and outgoing call details of the following mobiles/telephones: 228760,

98400, 24326, 98400 811251 and 94432 39970.

9-17. On 23.09.2004 Thiru Mohanavel, Inspector of Police (PW-173)

recorded the statements of the witnesses: Varadharajan, Shanmugam, Balaji,

Arumugam, Achuthan (PW-8) and Citti Babu (PW-11) and submitted the same to

him. On 24.09.2004, PW-173 further recorded the statements of witnesses:

Radha, Raghavapattar, Sambathkumar, Rajampattar, Devarajapattar, Narasinga

Pattar and Srinivasan and handed over the same to PW-189. On 25.09.2004,

the Chief Investigating Officer (PW-189) examined the witnesses N.S.Ganesh

(PW-4), Duraikannu (PW-5), Kuppusamy (PW-6) and Govindaraj (PW-26) and

recorded their statements. PW-173 examined the witnesses: Venkata

Varadhachariyar, Varadharajan, Rangarajan, Narasimmhan, Vijayaraghavan,

Santhanam and Desingan and recorded their statements and submitted the

same along with a report to PW-189. On 26.09.2004, PW-189 examined Ananda

Krishna Sarma and recorded his statement. On 27.09.2004, he sent the


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witnesses N.S.Ganesh (PW-4), Duraikannu (PW-5), Kuppusamy (PW.6) and

Govindarajan (PW-26) along with Thiru Ramapandiyan, Sub Inspector of Police

to Computer Section at Chennai.

9-18. Further, on receipt of call details in respect of telephone

No.223115, he summened Bala @ Balakumaran (PW-112) through Mohanavelu,

Inspector of Police (PW-173) and on 30.09.2004 he examined PW-112 and

recorded his statement and it revealed since PW-112 misappropriated Rs.12

lakhs from Sankaramutt he was dismissed from Sankaramutt, and Ex.P354 is the

file relating to the complaint of Sankaramutt against PW-112. On 01.10.2004, he

interrogated Sundaresa Iyer (Accused No.3) and seized the notice sent by

deceased Sankararaman, through Advocate, Anbazhagan which was produced

by the accused No.3, under cover of mahazar Ex.P36 in the presence of

witnesses Appusamy and Venugopal. Then, he examined Swaminatha Iyer

(PW-93) who worked as a Clerk in the Varadharaja Perumal temple, the

witnesses: Kalivarathan, Sridharan, Venkataraman, Sundaran, Manikandan,

Kameswara Iyyer, Seshadri, Sankaranarayana Iyyer, Ramamoorthy, and

Thiagarajan and recorded their statements.


one Viswanathan, Indian Bank, Kaladi Viswanathan (PW-155), Accountant of

Sankaramutt, recorded their statements and he recovered the xerox copies of

statement of accounts of S.B. Account No.171 with Indian Bank, S.B. Account

No.3746 with Union Bank of India, S.B. Account No. 3000153 with Post Office,

and S.B. Account No. 8030 with Indian Bank relating to Sankaramutt (Ex.P265),

and Cashbook relating to Janakalyan Trust (Ex.P256) which were produced by

PW-155 under cover of mahazar Ex.P355 in the presence of the witnesses

Appasamy and Venugopal (PW-130). He examined the witnesses: Seduraman,

Nagarajan, Kuppusamy, Sivan, Sivakumar, Tmt. Usha (PW-18), Panjabakesan,

Mariyappan, Ramasubbu and Sivaraman and recorded their statements.


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9-20. Again, on 08.10.2004, the Chief Investigating Officer (PW-189)

examined the witnesses: Somasundaram, Venkateswara Sharma - Accountant of

Sankaramutt, Jayaraman, N.Kumar, Tmt. Kalyani, Tmt. Meenatchi,

K.S.Srinivasan and Tmt. Ambiga and recorded their statements and collected

materials. On 10.10.2004 and on 15.10.2004, he examined the witnesses:

M.S.Arunachalam - Kainkiriyam of Mutt, Ganapathy Kosalai (PW-110), Janaki,

Sundari, Raghavan, Seduraman, Narasimmhan, Tmt. Lakshmi, Sinnakaliyan,

Venkataraman, Nagarajan, Ramesh and other witnesses and collected materials

relating to this case and recorded their statements.

9-21. On 18.10.2004, he examined Harikaran (PW-101) Artchagar of

Anjenayar temple, Madhavaganapadigal Atchariyar of Vedapadasalai (PW-95),

Jayalakshmi (PW-25), Datchinamoorthy (PW-33), Selvam (PW-119), Ramani

(PW-99), Manickavasagam (PW-42) and Saravanan (PW-37), and recorded their

statements. On the basis of information that on 02.09.2004 viz. one day earlier

to the date of occurrence, near 16 pillar Mandabam in Sannathi Street, a person

who came in a Qualis car boarded in an Ikon car which followed the Qualis car

and went away and again it came there and again he boarded in the Qualis car,

on 20.10.2004, the Chief Investigating Officer (PW-189) examined the witnesses

who were available near that place: Subramanian, Kanakambal, Gobichandiran,

T.R.Baskaran (PW-14) an employee in a shop, R.Suresh, Datchinamoorthy (PW-

100) the Priest in an Anjaneyar temple, Govindan (PW-21) a Guide in

Varadarajaperumal kovil, Venkatachari, Venkatesan and D.Srinivasan (PW-64) a

worker in the temple to speak about the case and recorded their statements.

9-22. Further, on 26.10.2004, the Chief Investigating Officer (PW-189)

interrogated the accused persons of Chennai in the Police Station itself. On

27.10.2004, he went to Ramanathapuram for bundobasth duty, and there, he

received information from the Superintendent of Police, Kanchipuram that at

05.00 p.m. five accused persons surrendered before the Judicial Magistrate

No.15, George Town, Chennai in connection with this case. On the same day,


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while Thiru Ramamurthy (PW-182), the then Assistant Jailor was on duty in

Central Jail, Chennai, Arumugam (Accused No.16), Thil Pandiyan (accused

No.17), Sathish (Accused No.18), Devaraj (accused No.19), and Arun (accused

No.20) involved in this case were remanded by the 15th Metroplitan Magistrate,

Chennai and they were brought to the Central Jail.

9-23. On 29.10.2004, the Chief Investigating Officer (PW-189) gave a

requisition to the Chennai Central Jail for examination of the surrendered

accused, on 30.10.2004 he went to Chennai Central Jail and as per the Jail

procedure, he interrogated the accused: Pandiayan @ Thil Pandiyan,

Arumugam, Sathish, Devaraj and Arun and recorded their confession statements

in the presence of Jailor. He obtained a certificate Ex.P73 from the Assistant

Jailor (PW-41), Chennai Central Jail stating that the accused Pandiyan @ Thil

Pandiyan (A-17) was in jail from 31.12.2003 to 10.09.2004.

9-24. In accordance with the permission granted by the Judicial

Magistrate-I, Kanchipuram, on 03.11.2004 at 07.15 p.m. he took the above said

five accused in police custody for three days, and at 07.30 p.m. the accused

No.17 gave voluntary confession (admssible portion Ex.P131) in the presence of

the witnesses Vimalkumar (PW-142) and Uthirakumar (PW-121), at 09.30 p.m.

Arumugam (accused No.16) gave confession statement (admissible portion

Ex.P133), at 11.00 p.m. Sathish (accused No.18) gave confession statement

(admissible portion Ex.P135), on 04.11.2004 at 01.00 a.m. Devaraj (accused

No.19) gave voluntary confession (admissible portion Ex.P137) and at 02.30 a.m.

Arun (accused No.20) gave voluntary confession (admissible portion Ex.P139) in

the presence of the same witnesses. He went along with the police party, said

witnesses and accused persons to Chennai, at 08.00 a.m. he seized 40 Nos. of

500 rupee currency notes (M.O-30) amounting to Rs.20,000/- under cover of

mahazar Ex.P132 which was produced by the father of the accused No.17

namely, Thangavel (PW-63) from the house of the accused No.17 at Mugaper

Road. At 09.00 a.m. he seized 40 Nos. of 500 rupee currency notes (M.O-31


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series) amounting Rs.20,000/- under cover of mahazar Ex.P134 which was

produced by the mother of the accused No.16 namely, Anandayee (PW-45) from

the house of the accused No.16 at 2 nd Street, Jothi Nagar, Egattu Thangal. At

10.00 a.m. he seized 40 Nos. of 500 rupee currency notes (M.O-32 series)

amounting Rs.20,000/- under cover of mahazar Ex.P136 which was produced by

the mother of the accused No.18, namely, Saroja (PW-46) from the house of the

accused No.18 at No.12, Panjaliamman Street, Ambedkar Nagar, Arumbakkam.

At 11.00 a.m. he seized 9 Nos. of 500 rupee currency notes (M.O-33 series)

under cover of mahazar Ex.P138 which was produced by the wife of the accused

No.19, namely, Muniyammal (PW-89) from the house of the accused No.19 at

G.K.M. Colony, Villiwalkam. At 12.00 noon he seized 10 Nos. of 500 rupee

currency notes (M.O-34 series) amounting Rs5,000/- under cover of mahazar

Ex.P140 which was produced by the mother of the accused No.20, namely,

Lakshmiammal (PW-47) from the house of the accused No.20 at No.4, 35th

Street, Thanthai Periyar Kudil, G.K.M. Colony. The above material objects were

seized in the presence of the same witnesses. He examined PW-63, PW-45,

PW-46, PW-89, PW-47, PW-142 and PW-121 and recorded their statements at

their respective places. On 05.11.2004 he sent those five accused persons to

the court of J.M.-I, Kanchipuram for judicial custody along with the mahazars and

records.

9-25. Then, the Chief Investigating Officer (PW-189) went to Defence

Colony, Chennai along with the above said witnesses and at 07.00 p.m. he

arrested Palani (accused No.14) and Kuruvi Ravi @ Ravi (accused No.15) and in

the presence of the same witnesses, he recorded the confession statemens

voluntarily given by both the accused, based on which, he seized 14 Nos. of 500

rupee currency notes (M.O-35 series) amounting to Rs.7,000/-, one Nokio

cellphone No.9840515732 (M.O-37), another Nokio cellphone No.9841275166

(M.O-38) under cover of mahazar Ex.P141 which was produced by the accused

No.14, and he seized 12 Nos. of 500 rupee currency notes (M.O-36 series)


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amounting to Rs.7,000/- under cover of mahazar Ex.P142 which was produced

by the accused No.15.

9-26. While Thiru A.Mohanavel, the then Inspector of Police (PW-173)

was in charge of Vishnu Kanchi Police, on 06.11.2004 at about 02.15 p.m.,

Vimalkumar, Revenue Inspector of Kanchipuram (PW-142) handed over the

accused Kumar (A10) along with the confession statement of A10 (Ex.P247)

recorded by him and in turn, he handed over Accused No.10, the letter given by

PW-142 (Ex.P246) and the confession of A10 (Ex.P247) to the Chief

Investigating Officer (PW-189).

9-27. The Chief Investigating Officer (PW-189) addressed letters to the

concerned officers through Superintendent of Police to furnish call details of the

following mobiles / phones to the following persons:

1) Rameshkumar, Pondicherry Regional Aircel : 98423 67499;

2) Narasimhan, Divisional Engineer, BSNL, Kodampakkam:

24902240, 28269195, 28260431, 24865219, 24867051 & 24867242;

3) Sarathi, Airtel, Santhom, Chennai: 98411 21321, 98400 24003, 98400

85984, 98400 79791, 98400 81251, 98400 34001, 98401 20033, 98410 36236

and 98400 24326;

4) BSNL Kodampakkam: 94441 25487 & 28343020.

9-28. Then, on 06.11.2004 at 02.00 a.m. the Chief Investigating Officer

(PW-189) arrested one Meenatchisundaram @ Sundar (accused No.13) at

No.4/30, Palai Street, M.G.R. Nagar, Chennai, and recorded his confession

statement (admissible portion Ex.P143) voluntarily given by him, based on which

he seized Camera cellphone and simcard No.9840108734 (M.O-39), 20 Nos. of

500 rupee currency notes (M.O-40 seires), money-purse (M.O-41), driving

licence (M.O-42), Board Blue Oral privilege card (M.O-43), and VGP Gold Club

card (M.O-44) under cover of mahazar Ex.P144 in the presence of the same

witnesses. At 07.00 p.m. he arrested Sekhar (accused No.22) at Santhosh

Automobile Mechanic shed, and he recorded the confession statement


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(admissible portion Ex.P145) voluntarily given by him, based on which, he seized

Sony Ericson Cellphone No.9842514424 (M.O-45) and a 500 rupee currency

note (M.O-46) under cover of seizure mahazar (Ex.P146) in the presence of the

same witnesses. At 02.30 p.m., he received a special report (Ex.P246) along

with accused - Kumar (A10) handed over by Thiru Mohanavel, Inspector of

Police (PW-173) stating that P.W.173 arrested accused Kumar (A10) at No.65,

Main Road, Kulathur Rajan Nagar, Chennai and the confession statement

recorded by P.W.142 -Vimalkumar (admissible portion Ex.P247) and received

the letter (Ex.P246) from Vimal Kumar (PW-142), and then P.W.189, the Chief

Investigating Officer also recorded the confession statement of A10 (relevant

portion Ex.P356), in the presence of the witness Vimalkumar (PW-142) based on

which he seized Yamaha motor cycle bearing Registration No.TN-22-V-3267

(M.O-47), 2 Nos. of 500 rupee currency notes (M.O-48 series), Nokia Cellphone

No.9382675252 (M.O-49) under cover of mahazar Ex.P357 in the presence of

witnesses: Bharathi (PW-129) and Venugopal (PW-130). At 04.30 p.m. he

arrested Ananda Kumar (accused No.11) at 37 th Street, G.K.M. Colony,

Villiwakkam, Chennai and recorded the confession statement (relevant portion

Ex.P358) voluntarily given by A11, based on which, he seized knife (M.O-50),

one 500 rupee currency note (M.O-51), Nokia Cellphone No.9382207127 (M.O-

52) under cover of mahazar (Ex.P359) in the presence of the same witnesses.

He examined PW-129 and 130 and recorded their statements and he sent the

accused Nos.13 to 15 and A22 to the court for remand along with the records

and material objects.

9-29. Thereafter, on 07.11.2004, at 11.00 a.m. the Chief Investigating

Officer (PW-189) arrested Senthilkumar (accused No.24) at No.45/25, Balaji

Nagar, First Main Road, Ekattu Thangal and he recorded the confession

statement voluntarily given by him, based on which he seized Rs.50/- (M.O-53)

which was taken and handed over by him under cover of mahazar Ex.P360 in the

presence of the same witnesses (PWs-129 and 142). At 13.30 hours, he


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arrested Ramachandiran (accused No.21) at Thiruverkadu and seized one 50

rupee currency note and one 10 rupee currency notes (M.O-54 series) from him

under cover of mahazar (Ex.P361), and on the same day, he sent both the

accused No.10 and 11 for remand.

9-30. On 09.11.2004 at 10.30 p.m., the Chief Investigating Officer (PW-

189) arrested Rajini Chinna (accused No.7) and Kathiravan (accused No.6)

opposite to Thangam Chettinad Hotel situated at the junction of Koyambedu

market, Sengundram Salai, Vadapalani, Chennai and at the same place, both A7

and A6 gave voluntary confession statements (the relevant admissible portions

are Ex.P362 and Ex.P363 respectively) which were recorded in the presence of

the same witnesses.

9-31. On 10.11.2004 at 05.00 a.m. at the place of arrest itself, the Chief

Investigating Officer (PW-189) seized a sketch Ex.P364, Nokia Cellphone

No.9840039313 (M.O-55) and cash of Rs.1,310/- (M.O-56-series currency

notes) handed over by the accused No.7 under cover of mahazar (Ex.P147); At

about 06.30 a.m. he seized one Hero Honda CD-100 red in colour motor cycle

bearing registration No. TN-09-T-9851 (M.O-57) and Yamaha RX-100 black in

colour motor cycle bearing Registration No.TN-04-A-1013 (M.O-58) under cover

of seizure mahazar (Ex.P148) which were taken and handed over by the

accused No.7 in front of Indian Bank ATM Office, near Udayam Complex, Ashok

Nagar in the presence of the same witnesses.

9-32. At 09.00 a.m. on 10.11.2004 at No.32/54, Jeevanantham Street,

G.K.M. Colony, Chennai, the Chief Investigating Officer (PW-189) seized one

Yamaha RX-100 pink in colour motor cycle bearing registration No.TN-01-Z-1372

(M.O-59) under cover of mahazar (Ex.P150). Then P.W.189 seized a revolver

No.1302555 (M.O.60), thottas 7 in numbers (M.O.61 series), 3 numbers of 100

rupee currency notes (M.O.62- series), copy of final notice of Sankararaman

(Ex.P365) and one Nokia Cellphone in black and pink colour No.9444026062

(M.O.63) which were taken and handed over by A6-Kathiravan under cover of


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mahazar Ex.P.152 in the presence of the same witnesses. At about 07.30 a.m.

A-6 Kathiravan handed over one Nokia Cellphone No.9840488588 (M.O-64), 60

Nos. of 500 rupee currency notes (M.O-65 series) amounting Rs.30,000/- which

were seized by P.W.189 under cover of mahazar (Ex.P153) in the presence of

the same witnesses. Then, he brought both the accused No.6 and 7 to his office

at Kanchipuram and sent them to the office of Tahsildar at Kanchipuram.

9-33. At 09.00 a.m. on 10.11.2004 at No.32/54, Jeevanantham Street,

G.K.M. Colony, Chennai, the Chief Investigating Officer (PW-189) seized one

Yamaha RX-100 pink in colour motor cycle bearing registration No. TN-01-Z-

1372 (M.O-59) under cover of seizure mahazar (Ex.P150) and according to the

office records, B register and Form No.24 at page No.156 (Ex.P113) which was

produced by Balaji (PW-79), the then Junior Assistant in the Regional Transport

Office, Vyasarpadi, Chennai said that the said vehicle stood in the name of

Vennila, D/o. Sugunan. At 09.30 a.m. at No.9-A, V.V.Giri Street, Sathiya

Thottam, Salikiramam, Chennai, he seized Nokia Cellphone No.9840488588

(M.O-64), 60 Nos. of 500 rupees currency notes (M.O-65 series) amounting

Rs.30,000/- which were handed over by the accused No.6 Kathiravan under

cover of seizure mahazar (Ex.P153) in the presence of the same witnesses.

Then, he brought both the accused No.6 and 7 to his office at Kanchipuram and

sent them to the office of Tahsildar at Kanchipuram.

9-34. Thiru Baskar (PW-161), the then Tahsildar, Kanchipuram recorded

the confession statements (Exs.P286 and P287) given by both the accused No.6

Kathiravan and Accused No. 7 Rajini Chinna respectively, in the presence of the

witnesses: Vimalkumar (PW-142) and Uthirakumar (PW-121) which was also

recorded through video (M.O-16) through Police Photographer (PW-169), and

sent copies of the same to him (PW-189) and the original of it was sent to the

court of J.M.-I, Kanchipuram.

9-35. On 10.11.2004 as per the order of J.M-I, Kanchipuram, the Chief

Investigating Officer (PW-189) took the accused No.6 and 7 on police custody


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from 05.40 p.m. till 16.11.2004 at 10.30 a.m., and the witness Appandarajan

(P.W.124), Divisional Engineer, BSNL, Kanchipuram produced normal Call Billing

Records (Ex.P159) which was recovered by him and then he examined the

witnesses: T.A.Kannan (PW-30), R.Kannan, Head Constable (PW-154) and

Vasikaran Kumar (PW-32) who was the driver of Qualis Car No.TN-05-H-8263

(M.O-7) and recorded their statements. On 10.11.2004 at 09.00 p.m. he seized

one Toyotta Qualis Car No.TN-04-H-8263 (M.O-7) and its records (Ex.P58), four

numbers of photos of M.O.7 (Ex.P59), Travels note book (Ex.P61) and the

relevant entry No.480 at page 116 in Ex.P61 (Ex.P62) under cover of mahazar

(Ex.P151) in the presence of the said witnesses PW-141 and PW-121.

9-36. On 11.11.2004, after getting information that Jayendira Saraswathi

(accused No.1), Ravi Subramanian (Approver) and Appu (accused No.5) were in

Andhra Pradesh and after obtaining prior permission from the office of

Superintendent of Police, Kanchipuram, he along with Thiru Davidsen,

Superintendent of Police, Kanchipuram; Thiru Premkumar, Superintendent of

Police, Cuddalore District; Thiru Varadharajan, Superintendent of Police,

Thiruvallur District; and Thiru Srinivasan, Inspector of Police (PW-171) and with

video camera reached Hyderabad. With the help of local police at 10.00 p.m. at

Kudil, in the compound of Sooriya Lakshmi Cotton Mills, Mehaboob Nagar, the

Chief Investigating Officer (PW-189), after service of notice of reason for arrest,

arrested Subramanian @ Jayendira Saraswathi Swamigal (accused No.1), and

at 10.30 p.m. he seized Nokio Cellphone No.9894038005 (M.O-66) from his

possession under cover of mahazar (Ex.P366). Thiru Srinivasan (PW-171),

Inspector of Police videographed the proceedings of the arrest of the accused

No.1 Jeyandra Saraswathi Swamigal and he handed over the video cassette

(M.O-24) to the chief Investigating Officer. On 12.11.2004 at 03.30 a.m. he

brought the accused No.1 to Chennai Airport and at 06.20 a.m. he produced the

accused No.1 before J.M-I, Kanchipuram for remand.


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9-37. During the night of 12.11.2004, N.Ravi (PW-53) gave two closed

covers to the Tahsildar, Kanchipuram (PW-161) and the original of the same

were sent to J.M-I Court, their copies were sent to P.W.189, and two letters

dated 10.9.2003 said to have been written by the deceased Sankararaman and

one letter dated 11.2.2004 said to have been written by Somasekara

Kanabadigal and three empty postal covers relating to the above said letters

(Exs.P367 series). On the basis of the requisition given by the Investigating

Officer, on 12.11.2004 the said Baskaran (PW-161), the then Tahsildar,

Kanchipuram recorded the statement of Ravi (PW-53) (Ex.P248); and similarly

on 13.11.2004 the statement of T.S.Thiagarajan (Ex.P288) in the presence of

Revenue Inspecor and Village Administrative Officer, Kanchipuram.

9-38. On 13.11.2004 at 07.00 a.m., the Chief Investigating Officer (PW-

189) seized Bill and register relating to the Cellphones No. 9894356789 and

9894038005 and application (Ex.P19) for change of second one instead of first

one (Ex.P91) in the presence of the witnesses: PW-142 and PW-129. The said

Tahsildar, Kanchipuram recorded the statement (Ex.P288) of Thiagarajan (PW-

52) and sent the same to J.M-I Court. On 14.11.2004, Thiru Muniappan (PW-

177), Inspector of Police, conducted search in the house of one Pasupathi and

prepared search list (Ex.P329) and seized photo (Ex.P330) in the presence of

Pasupathis son Kumaran and handed over the same to P.W.189 under Form -95

(Ex.P331). He sent the statements of Uthirakumar (PW-121), Thiruvengadam,

Kumaran and the documents to the court. As per order Ex.P369 Thiru Rajkumar

and Rajamani, Deputy Superintendents of Police, Thiru Samuthrakani, Inspector

of Police were nominated to him to assist the investigation in this case. On

summons at 04.00 p.m. Sundaresan (accused No.3) and witness Viswanathan

@ Kaladi Viswanathan were present, and at 18.00 hours he seized Reliance

Cellphone No.9364324348 (M.O-67) from Sundaresan (accused No.3) under

cover of mahazar Ex.P156 in the presence of the said witnesses PW-142 and

121. Then P.W.189 examined the witnesses: Veppathur Radhakrishnan,


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Vimalkumar (PW-142), Uthirakumar (PW-121) and recorded their statements and

sent the same to the court.

9-39. Thiru A.Muniappan (PW-177), Inspector of Police, Sivakanchi

Police Station was appointed as one of the special Investigating officers as per

the appointment order dated 17.09.2004 (Ex.P326) in this case to function along

with the Chief Investigating Officer, Thiru Sakthivel, Additional Superintendent of

Police (PW-189. on 14.11.2004, on receipt of reliable information that there are

clues available in the house of Pasupathi, S/o. Mahadeva Mudaliar, Nellukara

Street, Kanchipuram, and on the direction of the Chief Investigating Officer, after

sending advance intimations (Ex.P327 and P328) for house search to the Court

of Judicial Magistrate No.1, Kanchipuram, conducted house search at 05.00 p.m.

in the house of Pasupathi, in the presence of. Village Administrative Officers,

Uthirakumar (PW-121) and Thiruvengadam. Since Pasupathi (PW-132) was not

present in that house, after informing his son, Kumaran about the search to be

conducted and having asked him to be present during the house search,

concluded the house search at 06.00 p.m, seized Photo with the images of A1-

Jeyandra Saraswathi, A3-Sundaresa Iyer, Approver-Ravisubramanian and

Pasupathi (Ex.P330) under Form-95 (Ex.P331) in the presence of the said two

witnesses, prepared House Search report (Ex.P 329), and furnished a copy of

the House Search report to the said Kumaran, son of Pasupathi after getting the

signatures of the witnesses as well as Kumaran. Then he recorded the

statements of Kumaran, Uthirakumar (PW-121) and Thiruvengadam and sent the

report to the Judicial Magistrate No.1, Kanchipuram.

9-40. On 15.11.2004 at 04.00 p.m. the Chief Investigating Officer (PW-

189) examined Prakash (PW-60), Reporter of Nakkeeran Weekly Magazine and

recovered three Nakkeeran Weekly issues, dated 25.09.2004, 04.11.2004 and

15.09.2004 (Exs.P100, P101 and P102 respectively) and Sony small audio

casette (M.O-15) from him in the presence of Uthirakumar (PW-121) and witness

Thiruvengadam and sent them to the court. On 16.11.2004 at 10.30 a.m. he


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produced the accused No.6 and 7 before the court, after completion of police

custody and again, he got permission from the court concerned to keep them

under police custody for two days. On 05.11.2004 the accused No.9 Madu

Baskar and accused No.23 Silver Star Stalin surrendered before the District

Munsif Court cum Judicial Magistrate, Thiruvetriyur. He sent requisitions to all

banks at Kanchipuram requesting them to give particulars of the accounts

maintained by Sankara Mutt. On 17.11.2004 he sent the accused No.6-

Kathiravan to the court for remand. Further, he came to know that Ambi @

Ambigapathy (accused No.8) surrendered before the Court at Alandur.

9-41. On the same day, the Chief Investigating Officer (PW-189) gave a

requisition to the Chief Judicial Magistrate, Chengalpet to nominate a Judicial

Magistrate to conduct identification parade to identify the accused No.7 Chinna

@ Rajini Chinna by the witnesses: Uma Maithrayee (PW-2), Padma (PW-1),

N.S.Ganesh (PW-4), and Duraikannu (PW-5). He also gave a requisition to him

to nominate a Judicial Magistrate to record statement u/s. 164 of Cr.P.C. from the

accused No.6 Kathiravan. Again, he gave a requisition to him to nominate a

Judicial Magistrate for recording statements u/s. 164 of Cr.P.C. from the

witnesses: PW-154, T.A.Kannan (PW-30), Padma (PW-1), Uma Maithrayee

(PW-2), Ananda Krishna Sharma (PW-3), Bala @ Balakumar (PW-12),

S.Radhakrishnan Mandaveli (PW-20), N.Ravi (PW-53), Thiagarajan (PW-52),

Vasikaran Kumar (PW-32), N.S.Ganesh (PW-4), Duraikannu (PW-5).

Accordingly, Judicial Magistrate No.2, Kanchipuram was nominated to record the

statements of the accused No.6 and 17.

9-42. Thiru V.Damodaran, Judicial Magistrate-I, Puducherry who was the

then Judicial Magistrate-II, Kanchipuram (PW-160), on the direction of Chief

Judicial Magistrate, Chengalpet, vide Order No. 3989/2004 dt.17/11/2004, sent a

letter to the Superintendent of Jail, Kanchipuram for producing A6 before him on

18.11.2004 at 11.30 a.m for recording 164 Cr.P.C. statement of Kathiravan

(accused No.6) and accordingly, the accused No.6 was produced before him with


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the assistance of Sairam and Gunasekaran, Gr.II Constables, after verifying the

name, address and other details of the accused, after closing the door of the

Court hall, only in the presence of Assistants Murugesan and Jayalakshmi and

A.6- Kathiravan, he questioned A6-Kathiravan as to whether he was willing to

make a confession for which A6 stated that he was willing to make a confession.

He informed him to think over about the confession to be given by him and he

was given 24 hours time and he was sent back to prison directing the above said

police constables to produce A6 on the next day. On the next day, i.e.

19.11.2004, Kathiravan (accused No.6) was produced before him at 11.00 a.m.

Court Staff Jayalakshmi and Murugesan were present in the Court. The

questions put to the accused and the replies given by the accused were recorded

u/s. 164 Cr.P.C. The 164 Cr.P.C. statement of A6 is Ex.P281 and he sent the

same to the Judicial Magistrate-I, Kanchipuram. Similarly, after following the

procedure, he recorded the 164 Cr.P.C. statement (Ex.P282) of Pandian @ Thil

Pandian (accused No.17) on 22.11.2004 and 23.11.2004. Ex.P283 is the

requisition given by the Additional Superintendent of Police, Kanchipuram to the

Chief Judicial Magistrate, Chengalpet on 03.11.2004. Ex.P284 is the Order of

the Chief Judicial Magistrate dated 17.11.2004. Similarly, after following the

procedure, he recorded the confession statement of Approver, Subramanian @

Ravi Subramanian on 30.11.2004 and 31.11.204. The questions put to them and

the replies given by them were recorded by him.

9-43. The Chief Investigating Officer (PW-189) collected the call details of

phone No. 0431-2433779 and Cellphone No. 9443282333 relating to one

Thiruchi Usha (PW-180) and Cellphone No. 9894356789 from 1.9.2004 to

23.9.2004 pertaining to the first accused. Investigating Officer (PW-189) sent the

cellphone belonging to the accused No.1 to the court concerned. Thereafter,

PW-189 filed an application before Judicial Magistrate No.1 for police custody of

the accused No.1. He took the accused No.1 Jayendirar under police custody


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from 19.11.2004 at 12.05 noon to 22.11.2004 at 10.30 a.m. and examined him

and recorded his statement.

9-44. On 21.11.2004 at 15.00 hours, the Chief Investigating Officer (PW-

189) seized four letters (Exs.P370, P371, P372 and P373 all series), telephone

diary (Ex.P374) belonging to A1, one cellphone charger (M.O-68) through

Neyveli Krishnamoorthy as statted by Jayendira Swamigal (A1) under cover of

mahazar Ex.P375 in the presence of witnesses: Rajkumar (PW-136) and

Nagarajan (PW-137). Entire proceedings are recorded in Video and the same

was sent to the court concerned. Then, he examined Kalyanapuram

Vaithianathan (PW-67), Simson Vaithianathan (PW-20), Veppathur

Radhakrishnan, Ravi and Egambaram and recorded their statements. After

completion of police custody, he produced the accused No.1 Jayendirar to the

court for judicial custody. On 22.11.2004 the identification parade was

conducted in the Chennai Central Jail.

9-45. Tmt. S.Mahalakshmi (PW-159), Sub Judge, Madurantagam and

functioned as District Munsif cum Judicial Magistrate, Thirukazhukundram, based

on the requisition Ex.P276 and as per the order (Ex.P275) dated 18.11.2004 of

the Chief Judicial Magistrate, Chengalpet, to conduct Test Identification Parade

in respect of A7-Rajnikant @ Rajni @ Rajni Chinna by witnesses, Uma Mythreyi,

Padma, N.S.Ganesan and K.Duraikannu, she sent letter of requisition (Ex.P280)

to the Superintendent of Central Jail for making necessary arrangement for

conducting Test Identification Parade on 22.11.2004 and she issued proceedings

(Ex.P279) to the Additional Superintendent of Police for production of witnesses

along with witness summons. On 22.11.2004 at 11.00 a.m along with her

Assistant, Uthirianathan, she proceeded to Central Jail, Chennai and she

selected the place for conducting Identification Parade in the Central Jail

premises, she ascertained that the witnesses summoned have been present,

after identifying Rajnikant @ Rajni @ Rajni Chinna (Accused No.7), she selected

14 inmates similar to the age, height, complexion and colour of suspect accused


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No.7 and asked the inmates to stand in a row and asked the accused No.7 to

stand in the 7 th place, thereafter, she brought the witness Mythreyi (PW-2)

through the Court staff to the place where the inmates and the suspect were

standing in the row, and she asked the witness to identify the suspect, the

witness Mythreyi (PW-2) correctly identified the suspect in the 7th place by

touching him. Thereafter, the witness was sent to a hidden place and the row

was shuffled. Thereafter, the witness was brought twice and was asked to

identify the suspect, and the witness identified the suspect, who was standing 8th

place for the second time and at 10 th place for the third time correctly by touching

him and thereafter, the witness was sent to the hidden place.

9-46. Further, Padma (PW-1), who was waiting outside Central Jail

premises was brought inside the prison and after following the same formalities,

the witness identified the suspect correctly in all the three times who was

standing at 10 th, 15th and 6 th place respectively. Thereafter, the witness was sent

to the hidden place. Subsequently, the witness N.S.Ganesh (PW-4), and

Duraikannau (PW-5) who were standing outside the Central Jail were brought to

the place where the Identification parade is being conducted and the witness

Ganesh was asked to identify the suspect and who correctly identified the

suspect who was standing at 6 th, 14th & 11th place respectively. Similarly, the next

witness, Duraikannu (PW-5) was asked to identify the suspect and he correctly

identified the suspect Rajini Chinna (Accused No.7) who was standing at 15th,

11th and 1st place respectively. Then P.W.159 asked the accused, as to whether

he wants to say anything, for which the suspect stated that he was already

shown to the witnesses by the police and she recorded the same in her report.

Then the accused was sent to the cell. The Identification Parade was over at

12.30 hours. She sent the Test Identification Parade Report (Ex.P277) dated

22.11.2004 to the Judicial Magistrate-I, Kanchipuram along with her notes (Ex.P

278).


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9-47. On 23.112004, the Chief Investigating Officer (PW-189) recovered

General Diary and Case Diary of Inspector of Police (PW-167) containing 68

pages for the period from 3.9.2004 to 30.9.2004 (Ex.P376) relating to Vishnu

Kanchi Police Station under cover of mahazar (Ex.P155) in the presence of the

witnesses PW-121, and PW-142.

9-48. On 24.11.2004 at 11.00 a.m. near Chennai Central Railway Station,

the Chief Investigating Officer (PW-189) arrested the accused Anil @ Anil Kumar

(A12), and at 13.00 hours he recorded his voluntary confession statement

(admissible portion Ex.P377) in the presence of the witnesses: Vimalkumar (PW-

142) and Subramani (PW-166), and thereafter, at door No.562-A, Thiru Mullai

Vayil Saraswathi Nagar, A12 has taken and handed over a blood stained knife

with wooden handle (M.O.25) which was used by Accused Madu Baskar (A9) at

the time of occurrence and the same was seized by him under cover of mahazar

(Ex.P378) in the presence of the witnesses: PWs-142 and 166. On 25.11.2004

he took the accused No.12 under Police custody and at 14.00 hours at Kothari

Finance shop belonging to Dinesh Kumar situated at Red Hills Road, Villiwakkam

he seized a Pulsar motor cycle black in colour bearing registration No. TN-02-S-

4479 (M.O-8) which was driven by the accused No.7 Rajini Chinna and its

records (Exs.P80 to 82) from Loonchand (PW-50) under cover of mahazar

(Ex.P83) in the presence of the same witnesses.

9-49. The Chief Investigating Officer (PW-189) took the accused

Ambigapathi @ Ambi (A8) under police custody from 24.11.2004 at 05.00 p.m. to

26.11.2004 at 01.30 p.m.. On 24.11.2004 at 08.00 p.m. he recorded his

confession statement (admissible portion Ex.P379) voluntarily given by him, on

the basis of which, at 15.00 hours at door No.14, Onion Mandi, Pillaiyar Koil

Street, Maduravayil, Chennai, adjacent to the house of the accused, he seized a

knife (M.O-26) and one blood stained fullhand shirt blue in colour (M.O-27) which

were handed over by A8 under cover of mahazar (Ex.P380). Then at 04.00 p.m.

at door No.65, Rajan Main Road, Kulathur, Chennai, he seized a Suzuki motor


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cycle red in colour bearing registration No.TN-02-L-0469 (M.O-69) hidden at the

back of the house of A10 Kumar which was identified by A8, under cover of

mahazar (Ex.P381). Then at 05.00 p.m. from the Pawn Broker shop of

Sunilkumar Jain (PW-49) at door No.28/2, Jambulingam Main Road, G.K.M.

Colony, Chennai, he seized child ring 2 in Nos. (M.O-70 series) and a child

bracelet. (M.O-71) both are weighing 5.8 Ml.Gram which were pledged byA8, and

receipt book (Ex.P78) under cover of mahazar (Ex.P79). Then at 06.00 p.m.

from the Pawn Broker shop of L.Harishkumar (PW-74), door No.1/105,

Poonamalli High Road, Nerkundram, he seized one chain (RmL Nu)

weighing 10 grams (M.O-72) and receipt (Ex.P110) from the shop of Kamalabai

under cover of mahazar (Ex.P111) all in the presence of the witnesses: PWs-142

and 166, and went to Kanchipuram along with material objects, witnesses and

the accused. He examined the witnesses: Loonchand (PW-50), Sunilkumar

(PW-49), Harishkumar (PW-74), Vimalkumar (PW-142) and Subramanian (PW-

166) and recorded their statements.

9-50. On 26.11.2004, the Chief Investigating Officer (PW-189) gave a

requisition to the Chief Judicial Magistrate to conduct identification parade to

identify the accused Madu Baskar (A9) and accused Ambigapathi (A8). Then he

produced both the accused before the Judicial Magistrate No.1 for remand.

Thereafter, he seized office records (Ex.P125) from the witness Ravikumar (PW-

114), Joint Commissioner, Velore under cover of mahazar (Ex.P382). On

27.11.2004 he examined witness Manimaran (PW-34) near Central Railway

Station, Elumalai (PW-35), and Mani (PW-36) at G.K.M. Colony and recorded

their statements. They confirmed the photographs of the accused No.7, 8, 9, 10,

11 and 12 by signing therein. On 28.11.2004 at 12.00 noon, he seized the

records Exs.P383 to 387 used and handled by the deceased Sankararaman

which were produced by Thiru Thirugnanasambandam (PW-10) under cover of

mahazar Ex.P388. Further he seized a letter written in English (Ex.P389) and a

file (Ex.P390) written in Tamil by the deceased Sankararaman in the presence of


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witnesses: PWs-136 and 137. On 28.11.2004 at 11.00 a.m. he seized the files

(Exs.P90, P91 and P391) which were produced by Maharajan (PW-56) under

cover of mahazar (Ex.P392) in the presence of the same witnesses. He

examined the witnesses: Vaithianathan @ Ramesh, Ramu (PW-48),

Viswanathan (PW-55), Maharajan (PW-56), Rajkumar (PW-136), Nagarajan

(PW-137) and Jaganathan and recorded their statements. On the same day at

05.00 p.m. he collected sample signatures of Padma (PW-1), Uma Maithirayee

(PW-2), Ananda Krishna Sharma (PW-3), (Exs.P6 to Ex.P10, Ex.P12 and Ex.P13

respectively) Usha Srirangam (PW-180) and witness Jaganathan under cover of

seizure mahazar (Ex.P393) in the presence of the witnesses: Rajkumar (PW-

136) and Nagarajan (PW-137), he examined them and recorded their

statements. On 29.11.2004, he recovered a file containing application written by

the deceased Sankararaman and its enquiry report both dated 27.12.2001 and

1.2.2002 pages from 1 to 72 (Ex.P122) from Krishnamoorthy (PW-113), the then

Superintendent, in the office of Hindu Religious and Charitable Endowment,

Utthamar Gandhi Salai, Chennai, under cover of mahazar (Ex.P394). on

13.12.2004, he seized another correspondence file containing application given

by the deceased Sankararaman and Jaganathan and its enquiry report both

dated 3.7.2002 and 8.1.2003 (Ex.P123 series 5) from the said Thiru

Krishnamoorthy (PW-113), under cover of mahazar (Ex.P124), he examined the

witnesses: Krishnamoorthy (PW-113), Anuradha Ramanan and Tmt. Sivapriya

(PW-165), and recorded their statements.

9-51. Dr.V.Sivapriya (PW-165), Sceintific Officer, Forensic Science

Department, Chennai, on the requisition (Ex.P294) of Judicial Magistrate-I,

Kanchipuram examined M.Os 1 to 4 and she sent the blood examination report

No. S.E.R.No.282/4 (Ex.P295) to the Judicial Magistrate-I, Kanchipuram.

9-52. Thiru. R.Rajendiran (PW-158), Special Judge I in Jayamkondan

who was then functioned as Judicial Magistrate No.I, Chengalpet, based on the

requisition Ex.P271 and as per the proceedings (Ex.P272) of the Chief Judicial


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Magistrate, Chengalpet, to conduct Test Identification Parade in respect of A9-

Baskar @ Madu Baskar and A8-Ambigapathy by witnesses, Uma Mythreyi,

Padma, N.S.Ganesan and K.Duraikannu, he sent letter of requisition (Ex.P273)

to the Superintendent of Central Jail for making necessary arrangement for

conducting Test Identification Parade on 29.11.2004 at 11.00 a.m. He issued

proceedings (Ex.P274) to the Additional Superintendent of Police for production

of witnesses along with witness summons. On 29.11.2004 at 11.00 a.m along

with Court staff Arunachalam, he proceeded to Central Jail, Chennai and

selected the place sketched as AB for conducting Identification Parade in the

Central Jail premises. Since the physical features, age, colour and complexion

of the accused persons are different, he has chosen to conduct the identification

parade separately for each of the accused. Then he selected eight inmates of

the prison similar to the complexion, height, physical features and age of suspect

Madu Baskar (accused No.9) and asked them to wait at the AB place. Similarly,

he selected another eight inmates with similar physical features, Colour, height,

age and complextion like suspect Ambigapathy (accused No.8) and asked them

to wait in the Thiana Mandapam shown in the sketch. Then, at the outside of the

jail premies, the Inspector of Police, Balu produced the witnesses, Mythreyi (PW-

2), Padman (PW-1), N.S.Ganesh (PW-4) and Duraikannu (PW-5) and he verified

them with reference to the summons, and then, he brought the witnesses inside

the Central Jail, asked them to wait in the Electric Room shown in the sketch,

closed the door and left them in the custody of Court staff, Arunachalam. He

made arrangement in such a way till the identification parade is over, others did

not have any access to the witnesses or make any signs or have any contact

with them. At 11.00 a.m., he started the Identification Parade in respect of the

suspect Baskar @ Madu Baskar (accused No.9), he asked A9 and eight inmates

to change their dress among themselves and asked them to stand in the place

'AB' from East to West, he asked A9 to stand in the place which he chosen, A9

stood at 7 th place in the row, then the Court staff, Arunachalam brought the


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witness Mythreyi (PW-2) and the name of the witness was informed to the

persons standing including the suspect in the row and the witness was asked to

identify by touching the suspect, accordingly, the witness correctly identified the

suspect Baskar @ Madu Baskar (accused No.9) by touching him. Thereafter, he

sent the witness Mythreyi (PW-2) to a hidden place shown as 'C' in the sketch.

Thereafter, he asked the persons standing in the row to change their dress and

asked the accused No.9 to stand in the row at the place of his choise, and the

witness Mythreye (PW-2) was brought twice and was asked to identify the

suspect by touching him, she correctly identified the suspect Baskar @ Madu

Baskar (accused No.9) by touching him in all times. Thereafter, the signature of

the accused was obtained and he was sent to wait in the hidden place.

9-53. Thereafter, by following the same procedure, he asked the witness

Padma (PW-1) to identify the suspect and accordingly, the witness Padma (PW-

1) identified the suspect Baskar @ Madu Baskar (accused No.9). Thereafter, he

asked the Witnesses: N.S.Ganesh (PW-4) and Duraikannu (PW-5) to identify the

suspect separately by following the same procedure and the witnesses did not

identify any one, and then, he asked them to wait in the place shown 'D' in the

sketch, and he directed the inmates of the jail to go to their cell. He asked

Baskar @ Madu Baskar (accused No.9) as to whether he wants to say anything

about the parade conducted and A9 stated that he was already shown to the

witnesses several times by the police and he recorded the same in his report and

obtained the signature of A9. The Test Identification Parade in respect of the

accused No.9 Baskar @ Madu Baskar was over by 12.15 hours.

9-54. Thereafter, the Test identification parade relating to suspect A8-

Ambigapathi was started at 12.30 hours. He asked each of the four witnesses to

identify separately three times each. All the four witnesses identified the suspect

Ambi @ Ambigapathy (accused No.8) correctly. He sent the witnesses to the

place 'D' and sent the inmates to the cell, and he asked the accused No.8 Ambi

@ Ambigapathi as to whether he wants to say anything about the Identification


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Parade conducted. He stated that he was already shown to the witnesses by the

police and he recorded his reply in the Identification Parade Report. The

Identification Parade was over by 13.15 hours. He sent the Identification Parade

Report (Ex.P270) to Judicial Magistrate-I, Kanchipuram.


the witnesses: Gajapathy (PW-7), Baskar (PW-14), Kasthuri (PW-13), Nadarajan

(PW-15), Kumar (PW-9), Atchudan @ Atchu (PW-8), Ravikumar (PW-114),

Rajkumar (PW-136 and Nagarajan (PW-137) and recorded their statements and

he confirmed the accused persons by showing their photographs to the above

said witnesses except PW-136 and PW-137 and obtained their signatures

therein. On 30.11.2004, Ravikumar (PW-114), the then Manager of Hindu

Religious and Charitable Endowment, Vellore handed over the files relating to

the case (Ex.P125) to P.W.189, the Chief Investigating Officer.

9-56. On the basis of the 164 Cr.P.C. statements of the accused and

witnesses, the Chief Investigating Officer (PW-189) sent Tmt. Vittabai, Inspector

of Police, All Women Police Station, Kanchipuram to Srirangam and she stayed

there on 26.11.2004 and 27.11.2004 and she recorded the statement of Tmt.

Usha (PW-180) relating to her Indian Bank account No. 20977 wherein the

particulars of D.Ds. sent by Kanchimutt were available. On 01.12.2004 at 01.00

p.m. he (PW-189) seized the records containing 70 pages (Ex.P395) which was

produced by the said Usha (PW-180) under cover of mahazar (Ex.P396). At

02.00 p.m. he received the letter and statement of S.B. Account No.20977

(Ex.P397) sent by Indian Bank, Srirangam Branch through courier under cover of

mahazar (Ex.P398) in the presence of the witnesses: PW-136 and PW-137.

9-57. On 02.12.2004, the Chief Investigating Officer (PW-189) sent the

call details of the cellphones relating to the accused persons to Judicial

Magistrate No.1, Kanchipuram. At 10.00 a.m., he seized two computer sets

(M.O-9 and 14) from the shop of Senthilvel (PW-54) where the deceased used to

prepare the petitions, under cover of mahazar (Ex.P89) in the presence of the


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witnesses: Rajkumar (PW-136) and Nagarajan (PW-137). He examined

Sivaraman (PW-133), Correspondent, Jayendirar Saraswathi Samy Training

School and recorded his statement, he seized a file containing 22 pages

regarding the money transaction relating to Jai Builders through letter (Ex.P399)

under cover of mahazar (Ex.P400) in the presence of the witnesses: PW-136 and

PW-137, and he examined the above said witnesses and recorded their

statements.

9-58. The Chief Investigating Officer (PW-189) sent letters to the

Managers of Bank of India, Dena Bank, and Central Co-operative Bank

requesting them to furnish the details of the accounts relating to the Sankaramutt

and Trust, he also sent a letter to the Manager, Airtel requesting him to furnish

information regarding the call details pertaining to the cellphone No.9840024326

used by Swami Sankarachariar. On 03.12.2004, he examined Thiru

Sambasivam, Manager, Dena Bank; Thiru Rajendiran, Bank of India; and Thiru

Ramadass, Central Bank of India and recorded their statements. He submitted

an application to the Chief Judicial Magistrate, Chengalpet for recording the

Documents

Kanchi Shankaracharya Sankararaman Murder Case Judgement