Swamy Sharaddanandea @ Murali Monahar ... vs State Of Karnataka

1. I have perused the judgment of my learned brother Hon'ble S.B. Sinha, J. in this case. The facts of the case have been narrated in the judgment of my learned brother and hence I am not referring to them except where necessary.

9. In my opinion the facts of the present case clearly fall within the principle of the first, second and fifth category mentioned earlier in this judgment and thus this case falls within the category of the rarest of rare cases. It is a case of a pre-planned and cold blooded murder diabolically conceived and cruelly executed.

13. The deceased Smt. Shakereh was married to one Mr. Akbar Khaleeli who was in the Indian Foreign Service. They had four daughters. In 1983 the deceased along with her children visited the Nawab of Rampur who was evidently a friend of the deceased and her husband. The accused was at that time assisting the Rampur royal family in the management of their landed properties and he was introduced to the Khaleeli family. After getting acquainted with them the accused gained their confidence. Since certain matters relating to the properties of the deceased at Bangalore needed to be sorted out she sought assistance of the accused having regard to his alleged expertise in dealing with property matters. The deceased Smt. Shakereh who comes from a good family had inherited huge properties including House No.81, Richmond Road, Bangalore, and other properties.

16. Since Sabah was not able to speak to her mother despite repeated endeavours and since telephone calls from her mother stopped coming to her, she came from Mumbai to Bangalore and went to House No.81, Richmond Road. She asked the accused as to where her mother was. The accused told her that since her mother was longing for a male baby she had become pregnant and wanted a peaceful atmosphere for nine months. When Sabah asked where her mother had gone, the accused told her she was admitted in Roosevelt Hospital, New York, since it was the best hospital. Sabah then asked the accused to give the telephone number and address of the hospital where her mother was admitted, but the accused refused to give her the address or telephone number saying that since her mother wanted a peaceful atmosphere the telephone number and address were unnecessary. Later Sabah contacted the Roosevelt hospital at New York through a friend and came to know that no woman of the name Shakereh was admitted in the hospital. Sabah then confronted the accused and told him that there was no one in the name of her mother in the hospital and asked the accused to tell her where her mother was. The accused told Sabah that since her mother was pregnant and wanted to keep it a secret and rest for nine months so he could not give her the correct address. Sabah then asked the accused to at least allow her to speak with her mother on telephone so that she could hear her mother's voice, but the accused did not do that. Sabah came to Bangalore but did not find her mother there. At Bangalore whenever any telephone rang the accused used to lift the receiver and tell Sabah that the telephone was from her mother, but before Sabah could go near the telephone, the telephone used to get disconnected and the accused told her that the call was from her mother.

20. The Investigating Officer then sought for necessary permission from the Sub-Divisional Magistrate for exhumation and on 30.3.1994 exhumation proceedings were conducted at 81, Richmond Road, Bangalore as pointed out by the accused. At the exhumation, apart from the Taluka Executive Magistrate, Mahazar witnesses, investigating team, a doctor trained in forensic medicine were present. After the exact place was marked by a chalk indicating the place as the place of burial of the box containing the body of Smt. Shakereh, the marked area was dug up after removal of some stone slabs and after considerable digging, a big wooden box lying inside was noticed. On removing the planks of the lid, it was noticed that the box contained a foam bed and a bed-sheet on the top. The same were removed and underneath it, skeletal remains with nightie, long hair and feminine articles like bangles, rings etc. were noticed. The skeletal remains were subjected to autopsy.

2. While I entirely agree with my learned brother that the conviction of the appellant under Section 302 and other provisions of IPC imposed by the Trial Court and High Court deserves to be upheld, I express my inability with my learned brother that the death sentence imposed by the Trial Court and confirmed by the High Court should be reduced to life sentence. In my opinion this case falls within the category of rarest of rare cases and hence the appellant deserves death sentence.

24. As already stated above, it is not correct to say that only direct evidence is strong evidence while circumstantial evidence is weak evidence. Both kinds of evidence can be strong in a given situation. The only requirement in circumstantial evidence is that the chain of links connecting the accused with the crime should be established beyond reasonable doubt. In my opinion, in this case the facts clearly establish the chain of circumstances linking the accused with the crime. These circumstances are as follows:

(viii) The accused also replied to the queries of Income Tax Authorities during 1993 one of which purportedly contains his signature and the signature of Smt. Shakereh which is apparently forged.

(ix) The accused suddenly became very rich after May 1991 (the time of disappearance of the deceased) which is evident from the fact that he had done huge property and financial transactions which benefited him, he started staying in very expensive hotels in Bombay etc. with women, etc. (including the then Miss India vide statement of P.W.37 at para 29)

26. The fact that Shakereh was murdered is indisputable. If she had met a natural death, there was no question of her being buried in the backyard of the house without intimating any of her relatives including her daughter and parents. There is abundant expert evidence to establish that the skeleton discovered in the box in the backyard was that of the deceased Shakereh. There is also uncontroverted evidence that the said box in which her body was kept was got prepared by the accused himself prior to the death of Smt. Shakereh. In my opinion, there is no manner of doubt that the accused killed Shakereh and secretly buried her in the manner mentioned above in the backyard of the house. The fact that he kept the death news of the deceased secret and he told lies repeatedly to her daughter Sabah (as stated above), proves his guilty mind. His act of selling valuable property of the deceased worth crores of rupees within a short time of the death of Shakreh with the help of a defunct General Power of Attorney and the other material on record clearly establish the guilt of the accused beyond reasonable doubt. In my opinion, the prosecution has convincingly succeeded in establishing all the links in the chain of circumstances linking the accused with the crime.

27. In my opinion, this is case of a cold blooded, calculated, diabolical murder by the accused of an innocent lady who came from a good family, but unfortunately due to her infatuation fell into his clutches.

30. In my opinion, this case clearly comes within the category of rarest of rare cases and there will be gross travesty of justice if the death sentence is not affirmed. Hence, I dismiss this appeal and confirm the death sentence on the accused.