MOORTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant was convicted by the trial Court for double murder of a woman, Jayasambal by name and her son Vijay Anand, and was sentenced to death. He was further convicted under S. 307, I.P.C. for attempting to kill Vijay Anand's sister Kavitha Priyadarsini and for house trespass in order to commit the aforesaid offences, and was sentenced to life imprisonment under each of the two counts. His appeal before the Madras High Court was dismissed and the sentence of death confirmed. The present Special Leave Petition was filed against this judgment.

(2.) At the preliminary hearing we are satisfied that the appellant was rightly convicted as mentioned earlier. We, however, directed notice to be issued on the question:of sentence. Accordingly, limited special leave is granted.

(3.) According to the case of the:prosecution, Dr. Manickasainy (P.W. 1), the husband of the deceased Jayasambal and father of deceased Vijay Anand, was a doctor working in the Government Hospital at Madras and the appellant as a Leprosy Inspector under him. The doctor had taken a second wife whom he was keeping in another house with their 3 children. The appellant developed close association with the doctor's family and became intimate with Jayasambal. The daughter Kavitha Priyadarsini (P.W. 2), one day in 1984, found to her shock, her mother Jayasambal and the appellant in a' compromising position, and raised a stiff protest with her mother. Jayasambal attempted to justify her romance on the ground that the doctor P.W. 1 was also having two women in his life. When Kavitha threatened that she would report the matter to her father, she (Jayasambal) relented and agreed to terminate the illicit relationship on which Kavitha promised silence. Thus forced by her daughter, Jayasambal attempted to avoid the company of the appellant and to repel his advances. In the meantime the family had changed its residence and the younger sister of Jayasambal joined them and started living with them. She was examined in the case as P.W. 3.