MADURAI: The Madurai Bench of the Madras High Court has set aside the conviction and life sentence awarded to a Madurai-based man accused of killing his wife's paramour when all the three were in police custody.
A bench comprising Justices S Vaidyanathan and N Anand Venkatesh passed the order on an appeal filed by one Krishnamoorthy, challenging the order passed against him by a sessions court in Madurai last year, for allegedly murdering one Sathish, with whom his wife had allegedly eloped with their child, in 2011.
According to the prosecution, Krishnamoorthy's wife had an extra-marital affair with their house owner's son Sathish and she eloped with him on April 7, 2011. Based on a complaint by Krishnamoorthy with Nalatinpudhur police station, a case was registered and on the same evening, Krishnamoorthy, his wife, their child and Sathish were taken to Nalatinpudhur police station in a car by a special sub-inspector and head constable among others. On their way, Krishnamoorthy allegedly killed Sathish by slitting his throat with a knife, inside the car.
Hearing the case, the judges noted that though Sathish died in police custody, the investigating officer, instead of resorting to the procedure under Section 176 (1-A) (Independent inquiry by Jurisdictional Magistrate) of Criminal Procedure Code, handed over the matter to Arupukottai Revenue Divisional Officer. Moreover, the prosecution has failed to explain as to how Krishnamoorthy got the knife, they pointed out and allowed the appeal.