The Madras High Court Bench here on Thursday dismissed an appeal filed by 11 life convicts, who killed a fisherman by hurling country bombs on January 12, 1994. A Division Bench, comprising Justice Chitra Venkataraman and Justice T. Sudanthiram, directed Tirunelveli II Additional Sessions Court to issue arrest warrants against the convicts, who were on bail, and commit them to prison for undergoing remaining period of sentence. The High Court had granted them bail pending adjudication of the appeal, filed in the Principal Seat in Chennai in 2002 and transferred to the Madurai Bench in 2004, challenging the conviction and life sentence imposed by the Additional Sessions Court on March 22, 2002. The judges agreed with appellants' counsel that police had miserably failed to recover the remains of the country bombs and subject them to chemical examination as part of their investigation.
“It is rather unfortunate that the investigating authorities had not collected the pieces of the country bombs… But, that by itself, does not lead to rejection of the prosecution case,” the Bench said, and relied upon the evidence adduced by a doctor, who conducted the autopsy, to confirm the conviction.
The doctor had stated that the entire face of the body was disfigured and there was a deep crunch on the forehead. Both eyes were missing and burnt edges of the injuries indicated that bomb explosion could have caused death.