Inspr Vijayakumar, HC Reply (27.03)
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Transcript of Inspr Vijayakumar, HC Reply (27.03)
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8/2/2019 Inspr Vijayakumar, HC Reply (27.03)
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from the District Police Office in C.No.A2/ 3100/2011 DO
No.814/2011 dated 23.06.2011.
4 It is humbly submitted that on 31.12.2011 at around
01.00 hrs, Thiru.Narayanan, Special Sub Inspector of police,
Nanguneri Police station was on rounds in Othamavu village
along with Thiru.Thirumal, Head Constable No. 202 and
Thiru.Balasubramaniam, Police Constable No.1744 and
accompanied by the Village Administrative Officer,
Thalapathisamuthiram and the Village Assistant of RajakkalMangalam partII with a view to preventing illicit mining
when they found the petitioner herein and three others by
name Dinesh Christoper, Gnanasekar and Kumar @
Gnanamuthukumar standing with three motor cycles. On
seeing the police team, the foursome including the petitioner
tried to run away. They were secured and questioned when
Dinesh Christoper who was found in possession of a SBBL
gun told the Police that it was a licensed gun belonging to
his paternal uncle Salomon and they all came there for
hunting Hares. The Special Sub Inspector Thiru.Narayanan
seized the SBBL gun with 7 live cartridges and one empty
cartridge, three motor cycles bearing registration numbers
TN 22 AF 7182, TN 72 AY 5562, TN 72 Q 2856 and the dead
hare under the cover of an Athatchi, brought them to station
at 02.45 hrs and registered a case in Nanguneri Police
Station Crime No. 406 /2011 u/s 27 of the Arms Act
1959 and section 51 of the Wild Life (Protection) Act 1972.
5 I took up investigation of the case, visited the scene of
crime and examined the witnesses. At about 11.00 hrs, I
arrested all the four accused at Nanguneri Police station and
questioned them when A1 Dinesh Christoper alone gave a
confessional statement voluntarily. However I examined the
other three accused including the petitioner, recorded their
statements and forwarded them to the Honorable Judicial
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Magistrate Nanguneri. The Honorable Magistrate remanded
all the four accused to Judicial custody. The petitioner was
placed under suspension with effect from 02.01.2012. The
accused were released on bail subsequently.
6 Investigation made so far revealed that the petitioner
herein (A 4) and accused No.1, 2 and 3 were friends and
they used to go for hunting on and off borrowing a licensed
gun from one Solomon, an Ex-service man and paternal
uncle of A1 Dinesh Christoper. On the day of the allegedoccurrence, they went to Othamavu village lying on the
Northern side Rajakkalmangalam situated about 8
kilometers south east of Nanguneri Police Station for
hunting. In the course of which, the petitioner herein (A4)
aided A1 Thiru.Dinesh Christoper who had no license to hold
a fire arm to kill the hare, a wild animal by firing a gun shot.
The Hare was shot dead on a vacant land belonging to one
Sudalaikannu Nadar. A2 and A3 abetted them. It was also
revealed that the petitioner left his Head quarters on the
night of 30.12.2011 abandoning his duty without leave or
permission, unauthorizedly visited the said area along with
A1, A2 and A3 and committed the said offences.
7 It is humbly submitted that the allegations that there
was personal animosity between me and the petitioner and
that the petitioner was falsely implicated on my investigation
are false and baseless. Investigation revealed that although
the petitioner was not found in possession of the said gun
and had not killed the wild animal, it was he (petitioner
herein) who taught A1 Dinesh Christoper to handle the gun
and aided him to aim and shoot the Hare.
8 The allegation that no independent witness has
attested the confession and the seizure mahazer is denied.
In point of fact, Thiru. Narayanaperumal Village
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Administrative officer, Thalapathisamuthiram Thiru. Muthiah
Village Assistant Rajakkalmangalam Thiru. Muthu S/o
Sudalaikannu, Nanguneri and Thiru. Rabinraj Village
Administrative Officer, Nanguneri have attested the Athatchi
and the confession recorded on 31.12.2011. There was no
manipulation of documents in respect of the seizure of
vehicles.
9 It is humbly submitted that the petitioner herein was
aware that possessing and using a fire arm without any validlicense was an offence u/s 27 of the Arms Act and that
hunting and killing a wild animal (Hare) was an offence
under section 51 of Wild Animal (Protection) Act 1972.
Therefore he, being a responsible police officer ought to
have prevented such offences; but he himself had
participated in hunting and aided the accused to commit
the said offences.
10 It is humbly submitted that the Veterinary Assistant
surgeon, Veterinary Dispensary Nanguneri who conducted
post-mortem examination over the corpse of the male
rabbit (Hare) was of opinion that the animal would appear to
have died of shock and hemorrhage due to the punctured
wound found at the left chest and the contusion found on
the forehead. The seized SBBL gun and the live and empty
cartridges have been sent to the State Forensic Laboratory
for examination. The report of the Ballistic expert is
awaited.
11 It is humbly submitted that so far as the instant case is
concerned, the complaint and the statements of witnesses
explicitly constitute offences u/s 27 of Arms Act 1959 and
section 51 of the Wild Life (Protection) Act 1972 and as such
there is no scope of abuse of process of law.
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12 The averments made in the petition are devoid of truth
and merit and the case is still under investigation.
13 It is therefore humbly prayed that this Honorable Court
may be pleased to dismiss the petition, and thus render
justice.
Solemnly affirmed at Madurai onSignature ofthis the day of March -2012 &
Respondent No.3signed his name in my presence.
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