Case: Sathya Narayanan Vs. State Tr.Insp.Of Police

(a) Jayanthi (A-1) (Appellant No.1 herein in Criminal Appeal No. 1573 of 2009) was married to one Rajendran (PW-34) and they were residing at Trichy along with their children. After the death of their daughter, Jayanthi intended to lead a spiritual life and Rajendran started living separately whereas their son Sathya Narayanan (A-4) was living with her.(b) Jayanthi (A-1) was actually running an Ashram in the name of Sri Devi Maha Sannathi at Govardhan Garden, K.K. Nagar, Trichy. The other accused persons, viz., A-2 to A-11 therein were assisting her in the affairs of the Ashram whereas A-12 was working as a Watchman in the said Ashram.(c) One Sriputhra (A-2) used to visit the said Ashram and became a Member and stayed there along with his son Sathya Narayanan (A-3) and daughter Sadhana (A-7) leaving his wife. According to the prosecution, during the course of time, A-1 and A-2 developed illicit intimacy. One Leelavathi (since deceased), who was originally taking tuition for the children of A-1 and A-2, has also became a Member and she was looking after the accounts of the said Ashram. During her continuation in the Ashram, A-2 and Leelavathi also developed illicit intimacy with each other.(d) On account of the above, there was a quarrel between Jayanthi (A-1) and Leelavathi (deceased) and Leelavathi threatened her that she would disclose about her illicit intimacy with A-2 to the outside public which would cause disgrace and shame to her and that she should be given a share in the property of the Ashram.(e) On 08.04.2000, between 6-7 a.m., Jayanthi (A-1) along with other accused persons assembled at the backside of the Temple and started beating Leelavathi causing grievous injuries to her and Jayanthi strangulated her neck which resulted into her death. Sivasanmugam (PW-1), who was residing in the house situated nearby the Temple, heard the cries of Leelavathi and after two days, he came to know that Leelavathi was beaten to death and the dead body was burnt in the burial ground.(f) On 17.04.2000, PW-1 lodged a complaint at K.K. Nagar Police Station, Trichy which came to be registered as C.S. No. 78 of 2000 mentioning the suspicion over the death of Leelavathi. After investigation, the case was committed to the Court of Sessions and numbered as Sessions Case No. 139 of 2000 and the charges were framed against 12 accused persons for the offences punishable under Sections 147, 302 read with 149 and 201 of the Indian Penal Code, 1860 (in shortBy judgment dated 14.11.2000, the trial Court while acquitting A-6 to A-11, convicted A-1 to A-5 under Sections 302 read with Section 149 and 201 of IPC and sentenced them to undergo rigorous imprisonment (RI) for life along with a fine of Rs. 2,000/- each, in default, to further undergo RI for 6 months for the offence punishable under Section 302. A-12 was convicted under Section 201 of IPC and sentenced to undergo RI for 4 years along with a fine of Rs.1,000/-, in default, to further undergo RI for 3 months.(h) Challenging the said judgment, A-1 to A-5 and A-12 filed an appeal being Criminal Appeal No. 1108 of 2000 before the Madurai Bench of the Madras High Court. During the pendency of the appeal before the High Court, A-2 and A-12 died and appeal against them stood abated. The High Court, by impugned judgment dated 17.04.2008, dismissed the appeal and confirmed their conviction andAggrieved by the said judgment, Sathya Narayanan (A-3) filed Criminal appeal No. 1539 of 2008 and Jayanthi (A-1), Chinna Sathya Narayanan (A-4) and Dinakaran (A-5) filed Criminal Appeal No. 1573 of 2009 before this Court.

Reasoning: 31) In the case of circumstantial evidence, motive also assumes significance for the reason that the absence of motive would put the court on its guard and cause it to scrutinize each piece of evidence closely in order to ensure that suspicion, omission or conjecture do not take the place of proof. In the case on hand, the prosecution has demonstrated that initially, the deceased entered the Ashram in order to assist the devotees and subsequently became one of the Trustees of the Trust and slowly developed grudge with the appellants. PWs 35 and 36, sister and brother of the deceased Leelavathi deposed that since then she became a Trustee, there was a dispute with regard to the Management of the saidthere is no direct evidence about the cause of death, various circumstances projected by the prosecution complete the chain of link and established that, in all probability, the act must have been done by the appellants. All the circumstances have been clearly discussed by the trial Court and it rightly convicted and awarded appropriate sentence. The High Court, as an appellate Court, once again marshaled all the materials leading to the death of the deceased Leelavathi and confirmed the same. We fully concur with the said