Chennai: Is he dead or alive? The mystery continues even after a senior cop, appointed by Madras high court in April this year to probe the issue, filing a report in the matter.
In order to resolve the issue, a Division Bench of Justices S. Nagamuthu and V. Bharathidasan directed the trial court to conduct the enquiry on a day-to-day basis and complete the Inquiry before September 9.
In April, this year, a Bench comprising Justices M. Jaichandren and S. Nagamuthu, before which a petition filed by K. Krishnan, serving in the army, came up, for hearing appointed A. G. Pon Manickavel, IG of Police, Idol Wing, as an inquiry officer.
Krishnan alleged that police in Dharmapuri district had obtained his 'death certificate', when he was actually alive, instead of obtaining death certificate of his elder brother K. Govindasamy alias 'Military' Govindasamy, a murder accused who died during trial. In the chargesheet, police had allegedly named Krishnan as an accused instead of Govindasamy. The case relates to murder of Chinnasamy by his brother's sons. Three persons including his brother Govindasamy and his siblings were arrested.
Krishnan, the fourth son in the family, submitted documents to prove his identity before the trial court. However, police submitted he was among the three accused and was dead. While the trial court awarded life to his two brothers and the charges against Krishnan, the third accused, abated as he was shown as 'deceased'.
While his brothers challenged the sentence, Krishnan had accused the police of playing fraud in the investigation. Hence, the Bench ordered probe by IG.
After detailed inquiry, Pon Manickavel, filed a report stating that it is conclusively established that K. Krishnan, who testified before the Principal Sessions Court, Dharmapuri, is Govindasamy. The person, who committed suicide on July 28, 2012, in the house at Pattavarthay village was K. Krishnan, against whom charges were proposed and final report filed in Dec. 2011.
However, the mother and wife of Krishnan, who appeared before the court, claimed that Krishnan is alive and not dead. Considering the conflicting opinion, Justices Nagamuthu and Bharathidasan said “it becomes absolutely necessary for us to decide as to whether Krishnan, who has been arrayed as an accused in the murder case or he is Govindasamy and also whether he has impersonated Krishnan.” The Bench directed the trial court to resolve the issue and examine all the 25 witnesses cited in the report of Pon. Manickavel. The trial court should conduct the inquiry on a day-to-day basis and complete the enquiry before September 9.
