Chennai: Parvathammal, wife of popular Kannada film star late Rajkumar, who is cited as a witness in the case relating to abduction of her husband by
sandalwood smuggler Veerappan and his associates and now suffering from Alzheimer, got a reprieve with the Madras high court setting aside an order of a lower court, which rejected a plea from the investigating officer to dispense with her examination in the case.
Allowing a petition from Parvathammal, Justice P.N.Prakash remitted the matter back to the trial court for fresh consideration as to whether her evidence would be essential in the light of the assertion that she suffers from Alzheimer. Liberty is given to the prosecution to establish the fact she is not in a position to tender evidence by examining the physician or any other person who is treating her. The entire exercise should be completed within four weeks, the judge added.
After the death of Veerappan and Rajkumar, 10 persons were facing trial before the III Additional District and Sessions Judge, Gobichettipalayam. The judge said, “A genuine request appears to have been made by the prosecution contending that she is suffering from Alzheimer and therefore, no purpose would be served by bringing her all the way from Karnataka for giving evidence, as she may not even be able to depose to the facts that had taken place in the year 2000.
A realistic approach should be adopted by this court in cases of this nature.
If there are other evidences for the same fact, it is not necessary for the prosecution to duplicate evidence and increase the number of witnesses in the light of section 134 of the Evidence Act.”
