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Prosecution rapped for failing to be definitive in AIADMK man murder case
The Madras High Court, while setting aside the framing of charges in a murder case involving an AIADMK cadre in Dharmapuri, has come down heavily on the prosecution for failing to be definite about its case and instead resorting to batting for the accused.
Chennai
Justice CT Selvam, while holding that the accused should not know what is the prosecution case he is set to meet, said, “Alibi, when claimed by an accused would have to be pleaded and proved by the accused. The case presents a rare, if not first of its kind, position where the material for claim of alibi is produced by the prosecution itself.” As per the case, elections to the party posts in 2009 resulted in as many as 31 persons, who were against it attacking two persons -Ravi and Veeramani- who went to file their nominations. This resulted in Veeramani getting killed. The police registered cases against 31 persons under various heads, including unlawful assembly, conspiracy and murder.
Following this, the second accused in the case P Baskar, after a series of failed petitions, moved a criminal revision petition seeking to set aside the charges, including murder, framed against him by the Principal Sessions Judge.
It was submitted that while a few witnesses had claimed the presence of the accused in Dharmapuri, another section including the Principal Secretary to Government, Co-operation Food and Consumer Protection stated that he was in Chennai on that day.
However, Justice Selvam, on holding that the concern of this court goes beyond that of the contesting parties, said, “Towards providing definiteness to the prosecution case, this court considers it appropriate to direct further investigation restricted to the question of presence and participation of petitioner at the occurrence proper or his absence there at.” CoP, two other officers
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