Witness statements at odds with injuries, 9 let off murder case

CHENNAI: Noting that the eyewitnesses’ statements against the accused did not match with the injuries of the deceased, the Madras High Court set aside the conviction of nine members of a family, who were charged with murdering a relative over a three-generation-old land dispute.

Acquitting all the nine people accused in the murder from the conviction, a division bench comprising Justice MS Ramesh and Justice Sunder Mohan also noted that the disputed land was in possession of the accused, who exercised their right to defend their property.

The bench also found fault with the prosecution, stating that the deposition of the witnesses was parrot-like and criticised the investigation officer for assuming the role of judge and suppressing the version of the accused in the final report.

The murder was the fallout of a feud that has been running between two families for three generations.

Bethaiyan Gowdu and Munusamy Gowdu from Veppanahalli in Krishnagiri district were brothers. After Bethaiyan’s death, his children refused to part a family land to Munusamy’s daughter. This dispute between the descendants, and led to the brutal murder on September 10, 2007.

On that day, Rajendran, son of Munusamy’s daughter, tried to remove the sand from the disputed land, which is in the possession of Bethaiyan family by court order. Claiming that the property was his, Rajendran took the help of some others from the village and tried to remove the sand by using an earthmover.

This resulted in a lengthy argument between Rajendran, and Bethaiyan’s son, and grandsons. The quarrel quickly escalated and the latter attacked Rajendran. They decapitated Rajendran and severed his hand, and also attacked his wife and two other eyewitnesses.

Based on the complaint lodged by the family of the deceased, the Veppanahalli police booked a case against nine members of Bethaiyan Gowdu’s family.

The investigation officer (IO) collected evidence and filed a report against all the accused. On perusal of the report, the Krishnagiri sessions judge convicted all of them, awarding life sentences to three of the accused. Aggrieved by this order, the accused moved the Madras High Court seeking to set aside the conviction.

After hearing the submissions, the bench said the IO suppressed the version of the accused and failed to submit the final report of the counter case lodged by the accused. Further, citing the SC’s judgment in the Lakshmi Singh case, the bench said that a non-explanation of the injuries allegedly inflicted by the accused would be fatal to the prosecution, and acquitted all the accused.