Sunday, March 21, 2010

PONNAPPA'S CASE DIARY 2 KALLA SAAKSHI (കള്ള സാക്ഷി)

CASE DIARY 2 KALLA SAAKSHI (കള്ള സാക്ഷി)

Ponnappa was interviewing a potential Kalla Saakshi, referred by Bhasi in his Office. The man walks into Ponnappa’s Office and settles himself comfortably in one of the visitors’ chairs.

Cheee ezunnekkado.. thannodu njnaan irikkaan paranjo?” Ponnappa flares up. The gentleman gets off the chair like a flash!!

Enthaado thande paeru?

My name, Mr. Mathew.

Ppooohh…avanda ammaide oru odukkatha engleeshu, malayalathee parayado pambara viddi..”

Mr. Mathew switches over to his native dialect ‘Swamy,kshemikkanam, adiyande peru Maathachan aane..

Enthaado thande joli?

Cheriya cheriya contraactu panikalaana

Cheee niruthado.. satyam paranjillankil ninde kathankuttikku njnaan rendannam pottikkum!!

Swamy kshemikkanam.. cheriya cheriya moshanangalaanu ende joli.

Ponnappa instinctively locks his gold capped Parker pen in his desk drawer.

Thaan enthokka moshtikkum?


Aalillaatha Parambii kayari Naalikeram, Kappa, Pacha kari ithokka moshtikkum. Nalla oru avasaram kittiyaa aalillatha veettik kayari kayyii kittunna enthum njnaan moshtikkum.

Thaan naalikeram moshtikkumo? Athu enganayado?

Swamy, njnaan thengil kayariyaanu naalikeram moshtikkunnathu.

Ponnappa’s eyebrows lift in a frown “Appo, thanikku thengu keyaraan ariyaam alle?

Oova, thengu keyattam ende thozilalle Swamy!!”

Suddenly an idea flashes in Ponnappa’s alert mind to break the Prosecution's “Haajiyaarude moonamatha Bharya Vatha Case” (The murder of Haji Mohamed Koya’s third wife).

Irikkado’ Ponnappa commands his Kalla saakshi with a trace of indulgence in his voice.

Vendaa Swamy, adiyan ninnolaave..” Maathachan respectfully declines Ponnappa’s invitation to sit.

Thaan irikkado..’ Ponnappa insists and calls Bhasi inside. ‘Bhaskara, thaan vanne, namukku Thomaachante Mozi vakkalkathil rekappatuthaam..”

Bhaskaran walks in. There was an air of diffidence about him. Ponnappa notices this and asks “Bhaskara, thanikku oorjam theere llallo. Enthaa kariyam?”

Bhaskaran expresses his misgivings. “Yenikkentho.. ee case atthara nishprayaasam vijayikkaan pattumennu thonunnilla. Njaan kandatholam ee casil chela sakthamaaya kadambakalundu.”

“Kadambakalo..? athinenthaa..? kadambakalokka mari kadakkaanum, pradhisanthikalokka athijeevikkaanumalle njnaan ivide abhibhaashakante veshavum katti natakkunathu?” Ponnappa allays Bhaskaran’s fears and closes the chapter!!

Case No: 7/62 - State of Kerala vs. Haji Mohamed Koya (Haajiyaarude moonamatha Bharya Vatha Case) was being heard in Hall No:1of Aluva First Class Judicial Magistrate Court.

On the Bench: Poonkunnathu Veettil Vasudeva Kaimal, First Judicial Magistrate

Prosecution Counsel: Mr. Oomen Chandy a.k.a Chandy kunju

Defense Counsel: Mr. T.R. Ramakrishna Iyer a.k.a Ponnappa

Accused: Makkathu Manzil Haji Mohammed Koya a.k.a Haajiyaar

Ponnappa was examining his star witness Mathew a.k.a Mathachan.

P: Ningalde Paeru?

M: Swamy, adiyan Maathan aane..

P: Maathachannu vechaal..?

M: Mulankunnathukkaavu Pallimukku Veettil Mathachan….

P: Enthaanu ningalde joli.

M: Moshanam.. thattippu, pidichupari ethokkayaanu ende joli

There was uproar in the Court as everyone (including the Public Prosecutor) burst out laughing.

Oodarr..oodarr..” Justice Vasudeva Kaimal bangs his gavel on the table and the court becomes silent.

Sambhava dhivasam ningal Haajiyarinte Prambil kayariyathu enthukontaanu?

Thengil kayari thenga moshtikkaan…

There was uproar in the Court again and Justice Kaimal bangs his gavel on the table once again saying “Oodarr..oodarr..”

Ennuttu ningal thenkil kayari thenga moshticho?

Thengil kayari, pakshe thenga moshtichillaa..

Enthukontu?

Thenkil kayariya njnaan, Manaseeka sangharshathinu vidheyanayathukontu thengaa moshtichilla..

Thenga moshtikkaan thengil kayaria ningalkku enganayaanu manaseeka sangharsham undaayathu? Onnu visatheekarikkaamo?

Thengin mukalilninnu thazottu nokkiyappo njnaan oru kolapaathakathinte dhirrsaakshiyaakenti vannu... athukontaanu njnaan manaseeka sangharshathinu vidheyanaayathu..

There was an audible gasp from everyone in the court but Justice Kaimal did not bother with his gavel routine this time!!

Thengin mukalilninnu ningal enthaanu kantathu? Onnu visatheekarikkamo?

Oru kallan, pichaathi kaanichu Haajiyarinte moonamatha bharyaye beeshanyappatuthi avarute kazuthilulla aaparanam moshtikkaan shremikkunnathum, Haajiyarinte bharya athu thatayukaiyum kantu. Appol sambavicha yaettumuttalil kallan pichaathi kontu Haajiyarinte moonamatha bharyaye kuthi kolapatuthi aaparanamum kattontu odi rakshappatunnathum njnaan kantu…

There was total commotion in the Court and Justice Kaimal warned that if Oodar is not restored, he will be forced to evict the spectators from the Court, upon which Oodar was restored!!

Kolapaathakiye ningal kandaayirunno? Aarana athunnu parayaam pattuvo?

Kolapaathakiye njnaan kandu. Pakshe aarana Kolapaathakiyennu parayaam vaiyyaa..

Kaaranam?

Kaaranam kolapaathaki oru aparijithanaayathukontu.. ee pradesathu ithinu mumbu njnaan ayyaale kantutiilla. Pakshe ayyaaley neril kantaal enikku thirichariyaam..


“Objection Your Honor” public prosecutor Oomen Chandy was on his feet. “Postmortem Report prakaaram Kolapaathakam nadannathu rathiri 11 manikkaanu. Sambava dhivasam vaithithi illayirunnu.. vaithithi illatha karanathaal Aluva town muzuvanum iruttu moodik kidannu.. ee oru sagajariyathil, prathibakam sakshikku engane kolapathakiye vyakthamaayittu kanaan patti? Saakshi mozi, prathibakam vakeelinte kattukathaiyaayathinaal begumanappata kodathi sakshi moziye nila nilkaatha nunayaanennu thiraskarikkanam”. Chandi kunju made his point.

The Judge looked at Ponnappa quizzically.

Ponnappa was unperturbed. Your Honor, ente maanya suharthum Sarkarbakam vakeelumaya Chandy Kunju unnayichirikkunathu valare prasakthiyulla oru chodhiyamaanu. Addhekathinu ente abhinandanangal. Sambavadhivasam Aluva nagaram muzuvanum vaithithi illayirunnuvennu addhekam paranjathu sathyamaanu.

Public Prosecutor exchanged a smug grin with the Police Inspector.

Pakshe, Aluva town muzuvanum iruttu moodik kedannu ennu adhekam parayunnathotu enikku yojippilla.. karanam sambhava dhivasam August 27nu Velutha Vaavayirunnu.. aayathinaal, vaithithi illankil polum saakshikku aa rathri nadanna sambavangale vyathathaiyotu kaanaan kaziyukaiyundaayirunnu. Ente maanya suharthu Chandy Kunju Mathrubhumi Calendar onnu nokkiyirunnaal annu Velutha Vaavaanannulla kariyam ariyaamaayirunnu.

There was pandemonium in the Court and Justice Kaimal adjourned the proceedings to the following week for the final summation:

Ponnappa’s final summation to the Court:

Prosecutionde visthaaravum, Prathibhaga Visthaaravum, Saakshi Visthaaravum kazinju anthima ghattathil ethittulla ee casil enikku eduthu parayenta chila karyangaluntu.

Onnaamathu, ente Katshi Makkathu Manzil Siraajudeen Koyayude Makan Makkathu Manzil Haji Mohamed Koya enna Haajiyaar kuttavaaliyaanennu sthitheekarikkunnathil Prosecution Parajiyappattirikkunnu. Ente maanya suharthu, sarkaar bhagam vakil Chandy kunju katti chamacha aaropanankalokka verum ookaa bhokankalaathu nilanilkkunna satyangalalla. prosecutionde aaropanathil ottum kazhambilla.

Rendaamathu, ee casil Poleesu kaanicha anaasthaiyum pidippukedum valare kethakaramaanu. Haajiyarude moonamatha bhayaikku vere oru cheruppakkaranumaai avihitha bhandam undaayirunnennum, haajiyaar thande moonamatha bharyaye avarute kamukanotu olichotippokumpol kantathanaal untaya manaseeka avasthayil, haajiyar avare (third wife) niyantaranam nashtappattu kolapatuthiyennum parayunna Police aropanam thikachum oru Kaabhattiyamanu. Kola krithyathinde dhirsaakshi Thomaachan moziyilinnu kolapaathaki oru aparijithanaanennum, Haajiyarute Moonamathe Bharyayute Aapranam thattiedukkanulla chramathil nadanna yaettumuttalil ayyaal hajiyaarinte bharyaye kolapatuthi ennulla sathyam vyakthammayirikkunnu.

Thaan jeevanu thulyam snehikkunna thande moonamatha Bharyaye maricha nilayil kanda ente katshi Makkathu Manzil Haji Mohamed Koya enna Haajiyar valare dhukkithanaaittulla oru manaseeka avasthayilaanu police stationil paraathi nalkaan poyathu. Paraathii nalkaan poya ente katshiye poleesukar prathiyaaki arrestu cheithu, custodyil eduthu krooramaai marthichu. Daiva viswaasiyum, samookya pravarthakanum, Naattu Pramaaniyum, Prakalpanumaaya ente katshi police marthanthium peetanathinum vidheyanaayi, innu ezunnechu natakkaan polum pattatha avasthayil wheelchair aasrayikkenta sthithiyilaanu ethiyirikkunathu.

Haajiyaar, sitting in his wheelchair (borrowed for the day from a local clinic) in the stand for the accused dabs his eyes with his hanky.

Haajiyaarum addhegatthinde 4 bhaaryamaarum, orey veettil snehavum sougrithavum pangu vechu oru santhushta kutumbamaayittu kazinjirinnavaraa.

As Justice Vasudeva Kaimal grimaced at Ponnappa’s reference to “Santhushta kutumbam,” Ponnappa gave him a conspiratorial wink!!

Haajiyaarute moonaamatha bharyayute kolapaathakathinu sesham aa santhushta kutumbam innu vallaatha oru manaseega sangharshathil parithavikkukayaanu. Aa kutumpathinde maanaseekavasthakku parikatana nalki, vasthuthai illatha prosecutionte aaropanathe thiraskarichu ente katshi Makkathu Manzil Siraajudeen Koyayude Makan Makkathu Manzil Haji Mohamed Koya enna Haajiyaare nirvaathikam vittayakkanamennu behumaanappatta kodathiyotu njnaan vineethamaayittu abhyarthikkunnu”. That’s all Your Honor!!

Hajiyaar was acquitted as innocent, without a stain on his character. Hajiyaar did not want to press charges against Maathachan (understandably) for trying to steal coconuts from his farm. Justice Vasudeva Kaimal acceded to Hajiyaar’s request and let off Maathachan with a suspended sentence of 3 months and a stern warning to mend his ways. Justice Kaimal reprimanded the Police for the wrongful arrest of Haajiyaar and instructed them to investigate the case more efficiently and arrest the real culprit!!

NB: While I have no idea about the princely sum that Haajiyaar would have paid Ponnappa as fees for winning this case, what I do know and still remember is the gift hamper of several baskets of goodies delivered from Haajiyaar’s estates consisting of Kasuvandi Paruppu (Cashew nuts), Pazutha Maanga (ripe mangos), Kaitha Chakka (Pineapple), Kappalangaai (Papayas), Yaethap paza kola (Bananas), munthiringaa (grapes), Kozikkodan Aluwa (Kozikode special Halwa), Sarkarai undaa (Jaggery balls) and eethap pazam (dates) among others as I went on a rampage for the next few days enjoying all these goodies.!!

Translation:

Ponnappa was interviewing a potential Kalla Saakshi, referred by Bhasi in his Office. The man walks into Ponnappa’s Office and settles himself comfortably in one of the visitors’ chairs.

Get off the chair you scamp.. Did I ask you to sit?” Ponnappa flares up. The gentleman gets off the chair like a flash!!

Hey.. your name?

My name, Mr. Mathew.

Ppooohh…don’t you dare talk to me in your stupid English you illiterate fool. Speak in Malayalam..”

Mr. Mathew switches over to his native dialect “Forgive me sir .. Maathachan is my name..”

What’s your job?

Smalltime contract jobs..

Shutup you fool.. I will slap you if you don’t tell me the truth!!

Sorry sir.. I am a petty thief.

Ponnappa instinctively locks his gold capped Parker pen in his desk drawer.

What all you will steal?

I stealthily enter into unmanned farms and steal vegetables, tapioca, coconuts etc. If I get a good opportunity I break into a house and steal anything that I can lay my hands on..

You steal coconuts? How do you do it?

Sir, I climb the coconut tree and steal coconuts.

Ponnappa’s eyebrows lift in a frown “So, you know how to climb a coconut tree?

Yes sir. Climbing coconut trees is my profession!!”

Suddenly an idea flashes in Ponnappa’s alert mind to break the Prosecution's “The Case of Haji Mohamed Koya’s third wife’s Murder”.

Sit-down’ Ponnappa commands his Kalla saakshi with a trace of indulgence in his voice.

No sir, I will stand..” Maathachan respectfully declines Ponnappa’s invitation to sit.

You sit man..’ Ponnappa insists and calls Bhasi inside. ‘Bhaskara, come, we have to record Mathew’s statement in the vakkalath..”

Bhaskaran walks in. There was an air of diffidence about him. Ponnappa notices this and asks “Bhaskara, you look diffident. What’s the matter?”

Bhaskaran expresses his misgivings. “Somehow, I feel that winning this case will not be a cakewalk. From what I have seen, here are certain major challenges in this case.”

“Challenges..? So what? I am here as a lawyer to face the challenges and overcome whatever be the crisis.” Ponnappa allays Bhaskaran’s fears and closes the chapter!!

Case No: 7/62 - State of Kerala vs. Haji Mohamed Koya (Haajiyaarude moonamatha Bharya Vatha Case) was being heard in Hall No:1of Aluva First Class Judicial Magistrate Court.

On the Bench: Poonkunnathu Veettil Vasudeva Kaimal, First Judicial Magistrate

Prosecution Counsel: Mr. Oomen Chandy a.k.a Chandy kunju

Defense Counsel: Mr. T.R. Ramakrishna Iyer a.k.a Ponnappa

Accused: Makkathu Manzil Haji Mohammed Koya a.k.a Haajiyaar

Ponnappa was examining his star witness Mathew a.k.a Mathachan.

P: What is your name?

M: Sir, I am Maathachan

P: Maathachan who..?

M: Mulankunnathukkaavu Pallimukku Veettil Mathachan….

P: What is your job?.

M: Petty thievery, mugging, cheating .. these are my jobs.

There was uproar in the Court as everyone (including the Public Prosecutor) burst out laughing.

Oodarr..oodarr..” Justice Vasudeva Kaimal bangs his gavel on the table and the court becomes silent.

P: Why did you enter Haajiyar’s farm on the day of the incident??

M: To climb the coconut tree and steal coconuts.

There was uproar in the Court again and Justice Kaimal bangs his gavel on the table once again saying “Oodarr..oodarr..”

P: Then, did you climb the coconut tree and stole coconuts?

M: I did climb the coconut tree but did not steal coconuts..

P: Why?

M: After climbing the coconut tree I was subjected to considerable mental agony.

P: Can you explain what caused you the mental agony after you ascended the coconut tree?

M: Unwittingly I became an eyewitness to a brutal murder which caused the mental agony.

There was an audible gasp from everyone in the court but Justice Kaimal did not bother with his gavel routine this time!!

P: What did you see from the top of the coconut tree? Can you explain??

M: I saw a thief wielding a knife and threatening Haajiyaar’s third wife to steal her jewels and Haajiyaar’s third wife resisting his attempt to steal. In the skirmish that followed, the thief knifed and killed her stole her jewels and escaped.

There was total commotion in the Court and Justice Kaimal warned that if Oodar is not restored, he will be forced to evict the spectators from the Court, upon which Oodar was restored!!

P: Did you see the murderer? Can you say who he is?

M: I saw the murderer. But I cannot say who he is. He is a stranger. I have not seen him in this area before. However, if I see him I can identify him.


“Objection Your Honor” public prosecutor Oomen Chandy was on his feet. “As per the postmortem report, the time of death was 11:00 P.M in the night. There was no electricity supply on that night. As there was no electricity, the entire Aluva town was engulfed in darkness. Under these circumstances, how was it possible for the defense witness to see the murderer clearly? The Honorable Court should reject the statement of the witness as a false story concocted by the defense lawyer.” Oomen Chandi made his point.

The Judge looked at Ponnappa quizzically.

Ponnappa was unperturbed. “Your Honor, I admit that my learned friend Mr. Oomen Chandy has raised a very valid question. I record my appreciation to him. It is true that there was no electricity supply in Aluva town on the day of the incident.”

Public Prosecutor Oomen Chandy exchanged a triumphant and smug grin with the Circle Inspector of Police.

“But I don’t agree with his statement that the entire Aluva town was engulfed in darkness. Because, we all know that 27th August, the day of the incident, was a full moon night. So, my witness could clearly see the incident that night, although there was no electricity. If only my learned friend Oomen Chandy had referred to the Mathrubhumi Calendar, he would have come to know that it was a full moon night.

There was total pandemonium in the Court and Justice Kaimal adjourned the proceedings to the following week for the final summation:

Ponnappa’s final summation to the Court:

“This Case has reached its final stage after debriefing by Prosecution, Defense and examination and cross-examination of the witnesses and at this juncture I want to emphasize certain important issues.

Firstly, Prosecution has summarily failed in establishing that my client Makkathu Manzil Haji Mohamed Koya, son of Makkathu Manzil Siraajudeen Koya, is guilty of the murder charge against him. All the accusations against my client put forth by my learned friend Mr. Oomen Chandy were mere assumptions and conjectures without any substance in them.

Secondly, the total indifference and incompetence with which the Police have handled this case is regrettable. The Police accusation that Haajiyar’s third wife had a clandestine relationship with another person and Hajiyar lost his temper and killed his third wife when he caught her trying to elope with her paramour is totally malicious and baseless. It has been clearly established from the statement of the eye witness to the murder, Mr. Mathew that the murderer is a total stranger, and he killed Haajiyar’s third wife in the skirmish that ensued when the stranger tried to rob her jewels.

My client Mr. Haji Mohammed Koya went to the Police Station to lodge a complaint, in a state of total mental depression, after seeing his third wife, for whom his love was insurmountable, murdered and dead. Although my client went to the Police station to lodge a complaint, the Police unfairly arrested him as the accused, and brutally tortured him. My God fearing client, who is also a Social activist and leading citizen became a victim of Police brutality and as a result today he is not even able to stand up and walk and has to depend on a wheelchair for his movements.

Haajiyaar, sitting in his wheelchair (borrowed for the day from a local clinic) in the stand for the accused dabs his eyes with his hanky.

Haajiyaar and his 4 wives lived under the same roof, sharing love and affection as a happy and contented family.

As Justice Vasudeva Kaimal grimaced at Ponnappa’s reference to “Haajiyar’s contented family of 4 wives” Ponnappa gave him a conspiratorial wink!!

Today, after the brutal murder of Haajiyar’s third wife, his contented family is suffering in a state of acute mental depression. I request the Honorable Court to give due consideration to the mental depression of his family, reject the baseless allegations made by the Prosecution and acquit my client Makkathu Manzil Haji Mohammed Koya as innocent. That’s all Your Honor!!”

Hajiyaar was acquitted as innocent, without a stain on his character. Hajiyaar did not want to press charges against Maathachan (understandably) for trying to steal coconuts from his farm. Justice Vasudeva Kaimal acceded to Hajiyaar’s request and let off Maathachan with a suspended sentence of 3 months and a stern warning to mend his ways. Justice Kaimal reprimanded the Police for the wrongful arrest of Haajiyaar and instructed them to investigate the case more efficiently and arrest the real culprit!!

NB: While I have no idea about the princely sum that Haajiyaar would have paid Ponnappa as fees for winning this case, what I do know and still remember is the gift hamper of several baskets of goodies delivered from Haajiyaar’s estates consisting of Cashew nuts, Mangos, Pineapple, Papayas, Bananas, Grapes, Kozikode special Halwa, Jaggery balls and Dates among others as I went on a rampage for the next few days enjoying all these goodies.!!


Kannan