Date:07/10/2007 URL: http://www.thehindu.com/2007/10/07/stories/2007100759930800.htm

Tamil Nadu - Chennai

Court confirms life sentence in Balan murder case

Special Correspondent

“Court awarded life imprisonment to 16 persons
Argument of no motive to murder Balan rejected

CHENNAI: The Madras High Court has confirmed the life imprisonment awarded to 14 persons in connection with the murder of former legislator M.K. Balan in December 2001.

Balan went for morning walk on December 30, 2001 in MRC Nagar here, but did not return home. A total of 18 persons were tried for an offence of murder, and the Fast Track Court-I here found 16 persons guilty and awarded them imprisonment for life on April 19, 2004. One person did not appeal against the trial court order.

Upholding the trial court order in respect of 15 persons, a Division Bench comprising Justice D. Murugesan and Justice K.N. Basha, acquitted one person and said: “We have no hesitation to hold that the prosecution has proved the case beyond reasonable doubt by letting in evidence right from the date when M.K. Balan was kidnapped, i.e., on December 30, 2001 at 5.30 a.m., till he was cremated on January 1, 2002, without any missing link. We are of the considered view that there is absolutely no infirmity or illegality in the judgment of the trial court in convicting and sentencing the accused for the offences.”

Rejecting the defence argument that there was no motive for the appellants to murder Balan, the Bench said, “It is clear that the common object for the offence is to collect some money from M.K. Balan, their evidence shows that in the event the demand for payment of money is not acceded to M.K. Balan, he should be done away with. To achieve this common object, they had conspired together. The individual participation of each of the accused by itself shows their common object and having abetted commission of the offence.”

As for defence submissions that the body was not identified, the Judges said the deceased was M.K. Balan and that “circumstances speak in proof of the same.” They said, “it is seen that the man who was abducted on the morning of December 30, 2001 was kept in custody by the accused in the premises belonging to a prosecution witness and the said man was murdered and his body was removed to be created in Perambur Crematorium.”