SARAVANABHAVAN AND GOVINDASWAMY Vs. STATE OF MADRAS

JUDGEMENT

(1.) This is an appeal by special leave against the judgment of the High Court of Madras dated February 10, 1965 in Criminal Appeals Nos. 699-701 of 1964. The appellants are two condemned prisoners under sentence of death passed on them by the Sessions Judge, Coimbotore and confirmed by the High Court. They have been convicted under Ss. 302/34 and 449 of the Indian Penal Code on being found guilty of the murders of one Peramia Goundar, his concubine Swarnam and Swarnam's mother Meenakshi Ammal at Kullaipalayam on the night of January 11, 1964.

(2.) The scene of the offence was the residential house of Permia Gounder on the Dharmapuram-Kangeyam Road. Peeramia Goundar was aged 65 years at the time of his death. He lost his wife 15 years ago after she had borne him four daughters. All the daughters had been married and three were living at the time of Peramia's death. The daughter, who died earlier, was married to one Marimuthu Gounder and a daughter Govendammal was born of that union. Govindammal was married to Sarvanabhavan (accused-1). Permia Goundar was the youngest of three brothers. They had separated and divided the properties between them. The eldest brother was Krishnaswami Goundar and next was Padathi Goundar. Krishnaswami's son was one Govindaswamy who had three sons, the eldest being the appellant Saravanabhavan. Padathi Goundar has three sons and his youngest son is one Sennimalai Goundar.

(3.) Peramia Goundar was a rich man and was in possession of lands and cash. Four or five years before his death, he kept Swaranam as his concubine. Swaranam was living in his house and had brought her mother Meenakshi Ammal to live with her. Swarnam had a brother, Balasubramaniam (page No. W. 20). Peramia Goundar had taken a great interest in Balasubramaniam and had put him in the timber depot of his son-in-law Marimuthu to learn the trade and had given Marimuthu a loan of Rs. 5,000. Peramia Gounder had executed a will on March 26, 1947 (Ex. P-8) by which he had bequeathed his properties in favour of his three daughters and Sennimalai Goundar. He had gifted already 40 acres of land to Sennimalai Goundar. Peramia revoked the first will and executed another registered will Ex P-9 on September 19, 1960. Under this will, the legatees were the three daughters, Swarnam, Saravanabhavan (appellant) and his wife Govindamal. Peramia took back the lands he had given to Sennimalai Goundar and recovered the loan from Marimuthu. He then began arranging for a timber depot for Swarnam's brother. Swarnam tried to arrange a marriage of her brother with Govindammal's younger sister but could not bring it off as Saravanabhavan was against this marriage. After this, Swaranam induced Peramia to send away Saravanabhavan and his wife from his house. Swaranam next arranged a match with the daughter of the one Muthu Goundar but Saravanabhavan told Muthu Goundar that Balasubramaniam was a spend-thrift and came from a bad family. This broke off the match and Muthu Goundar told Permia what Saravanabhavan had told him. When this match was broken off, Peramia was angry and he began to say that he would revoke, the will in which Saravanabhavan and Govindammal were legatees. There is evidence to show that on the date of the occurrence Peramia scolded Sarvanabhavan and told him that he (Peramia) would revoke the will. He went to Dharampuram and told Balasubramaniam what had taken place between him and Sarvanabhavan. Peramia's statement was, of course, provable as a transaction resulting in his death. The same night, these three murders took place.