SUBRAMANIAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellants were tried by the Sessions Judge, Tirunelveli Division for the murder of Muthiah Pillai, an Ex-Member of Parliament and retired Lecturer of a College. Appellant No. 1 (for short, A-1) was convicted under Section 302 read with Section 34, Penal Code, while Appellant No. 2 (for short, A-2) was convicted under Section 302, Penal Code. Each of them was sentenced to death. A-1 and A-2 were further convicted for offences under Sections 457, 392, Penal Code and sentenced to rigorous imprisonment. The High Court of Madras dismissed their appeals, upheld their convictions and confirmed their sentences. The appellants have now come in appeal to this Court after obtaining special leave under Article 136 of the constitution.

(2.) The deceased was a widower. His only child, a daughter, Balmani, was married to Packiam, P. W. 3, a resident of village Therku Medu. The deceased lived alone in his house in South Car Street, Tirunelveli Town He owned lands in the revenue estates of Kodikulam and Thiruthu, situate at a distance of a few miles from Tirunelveli town.

(3.) A couple of days before his murder, the deceased visited village Kodikulam and directed Arunachala Thevar P. W 4, a cultivator of his lands, to plough his lands in Thiruthu village on the following day. The deceased then departed from village Kodikulam for his home town at about 5 p.m. Accordingly, on the following day, P. W. 4 and his companion ploughed 'the lands of the deceased in village Thiruthu. The deceased was expected to come to Thiruthu to supervise the ploughing operations and to pay the wages of the workmen. He however, did not turn up. After doing the day's work, therefore, P. W. 4 and his companion came to Tirunelveli and reached the house of the deceased at about 7 p. m. They found the entrance door of the house locked. After waiting in vain outside the house for the deceased, they went back to their village at 8 p. m. P. W. 5, a village Munsiff, also, on that day (April 16, 1971) in the evening, came to the house for collecting Kist in respect of the deceased's lands in Thiruthu village. He also found the front door of the house locked. After a futile wait for the deceased to turn up, he went away at 9 p.m.