STATE OF TAMIL NADU Vs. PONNUSAMY

JUDGEMENT

(1.) The need for this Court to begin with the aforenoted words of Rabindranath Tagore emanates from the fact that the present case is a classic illustration of how humans tend to surpass all limits of sound human behavior and even go to the extent of crushing human lives in the pursuance of their greed. A disputed piece of land, contesting claims over the same, prolonged litigation, unsuccessful attempts to favourably turn the pending litigations, a reputed doctor of Chennai, a land-grabbing mafia, few advocates, few henchmen and a broad day-light murder in Chennai. These are the highlights of what we are about to discuss in the present case.

(2.) The case pertains to the murder of Dr. Subbiah, a reputed doctor working at Billroth Hospital, Raja Annamalaipuram, Chennai. On 14/9/2013, at about 05:00 PM, the deceased doctor wrapped his work for the day and left the hospital. As he came at 1st Main Road outside the hospital, he was attacked by three men - A8, A9 and PW12 [ For clarity of record, the accused persons have been referred with their original ranks before the Trial Court] - with a sickle and the deceased sustained multiple injuries on his head, neck, shoulder, right forearm, etc. He was immediately shifted to Billroth Hospital, Annamalaipuram for treatment. However, as his condition worsened, he was shifted to Billroth Hospital, Aminjikarai, where he succumbed to injuries on 23/9/2013 at about 01:00 AM. The case, which was initially registered under Sec. 307 of Indian Penal Code, 1860 [Hereinafter referred as "IPC"], was converted into one under Sec. 302 IPC after the demise of the deceased on 23/9/2013.

(3.) Investigation of the case revealed that there was a prolonged dispute between the deceased and the family of A1 regarding title/ownership of a land parcel admeasuring 2 acres in Anjugramam Village, Kanyakumari District. It is not necessary for this Court to elaborate the details or background of the land dispute, except to note that various complaints were lodged by the deceased against A1 and his family members regarding commission of criminal trespass. One such complaint was lodged in 2013 before the Land Grabbing Cell by PW-9, who was Manager of the deceased. A compromise meeting had taken place between the parties after the said complaint; however, the accused persons were not inclined for a compromise and consequently, a criminal case no. 57/2013 was registered against A1 and A2 on 4/4/2013. Thereafter, the accused persons sought and got anticipatory bail. It was followed by an application for cancellation of the anticipatory bail by the deceased.