The Madras High Court Bench here has set aside the conviction and life sentence imposed by a Sessions Court on a Pattali Makkal Katchi member for having allegedly murdered a Desiya Murpokku Dravida Munnetra Kazhagam party man at Puliyankudi village in Ramanathapuram district in February 2009 because the latter refused to shift his political loyalty.
Allowing an appeal filed by Balamurugan, Justices S. Nagamuthu and V.S. Ravi pointed out that the victim Pulahani had died due to laryngeal oedema as per medical evidence. However, the prosecution had not proved that the complication was caused only because of the victim having been strangulated by the appellant and not due to reasons such as drug allergy, they said.
According to Mudukalathur police, the appellant and two other members of his party had picked up a quarrel with the victim at a bus stop on February 6, 2009. Then, the victim was allegedly pushed to the floor and strangulated by the appellant until a few other villagers intervened and quelled the situation. Thereafter, the accused as well as the victim boarded a bus to attend a marriage at Paramakudi.
After the marriage, they proceeded to Palani in Dindigul district for the reception. There, the victim felt uneasiness while consuming food and got treated in a local hospital. Thereafter, he returned to his home town and died three days later due to swelling of his neck. Immediately, the police had booked all the three PMK men under Section 302 (murder) of the Indian Penal Code.
However, the Sessions Court acquitted two of them and convicted the appellant alone on November 9, 2010. Observing that the appellant also should have been acquitted, the Division Bench said: “Unless the possibility of laryngeal oedema due to other causes is ruled out… absolutely there is no case to hold that the death of the deceased was caused by the first accused.”
