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Petitioner: LAXMI RAJ SHETTY And Another VS Respondent: STATE OF TAMIL NADU
Court Name: Supreme Court of India Judge(s): Lalit Mohan Sharma, A. P. Sen Title: LAXMI RAJ SHETTY And Another vs STATE OF TAMIL NADU Case No.: Criminal Appeal No.36 of 1987 Date of Judgment:1988-04-26 Reported As: 1989 MLD 2330 Result: Appeal dismissed
JUDGMENT
JUDGMENT A. P. SEN, J--Appellant No.1 Laxmi Raj Shetty is under sentence of death his conviction under S.302 of the Indian Penal Code, 1860 for having committed the murder of the deceased P. N. Gnanasambandam, Actg. Manager of the Karnataka Bank, Main Branch, Madras by the First Additional Sessions Judge, Madras by his judgment and sentence dated October 28 1985. He has further been convicted under S. 392 for having committed the offence of robbery of Rs. 13,97,900 from the strong room of the Bank and also under S. 449 for having committed house trespass with intent to commit the sail robbery and murder. He has been sentenced to undergo rigorous imprisonment for a period of seven years on each of these counts and the sentences are directed to merge in the sentence of death. Appellant No.2 Shivaram Shetty, father of appellant No.1, a retired Sergeant Major of the Indian Air Force, re-employed as Security Officer Karnataka Bank, Main Branch, Mangalore has been convicted by the learned Additional Sessions Judge under S. 212 for having harboured his son Laxmi R.I Shetty having known or having reason to believe that he had committed the murder of the Bank Manager and disappeared with a very large sum of money from the bank and also under S. 411 for having with dishonest intention retained possession of the huge sum of Rs. 12,27,500 knowing the same to be stolen and sentenced to undergo rigorous imprisonment for a period of three years on both counts: the sentences have been ordered to run concurrently. On a reference by the learned Additional Sessions Judge, a Division Bench of the High Court by its judgment dated September 1, 1986 has confirmed the sentence of death passed on appellant No.1 Laxmi Raj Shetty under S.366 of the Code of Criminal Procedure, 1973 as also the conviction and sentences passed on him under Ss. 392 and 449 of the IndianPenal Code and those under Ss. 212 and 411 on his father Shiva Ram Shetty.th
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2. The Karnataka Bank has seven branches in the Metropolitan City of Madars, the main branch being at 171 Thambu Chetty Street . In each branch there is a strong room for keeping the cash and other valuables. The Main Branch at 171, Thambu Chetty Street is on the first floor and the Regional Development Office at the second floor of the same building which belongs to the Bank, the ground floor being used for a car park and godown. The strong room in the main branch has a double locking system with two sets of keys. One set of keys i.e. Including the master key remained with the officer next to the Manager and the second set with the officer next to him. The strong room could not be opened except by the use of both the keys . The total cash in the strong room on May 20, 1983 as per the entry in the Double Lock Register Exh. P.10, was Rs. 14,26,113.70 in bundles of currency notes bearing the Bank seal MO 11 Series to MO 169 Series. This is borne out by the Cash Scroll Register Exh. P.8. The Cash Scroll Register was not kept under lock and key and used to remain on the table of PW 6 Smt. Shasikala, Officer and she has testified that the total cash to the end of that day was Rs. 14,26,113.70 and she handed over the amount to the Double Lock Officer. The assailant would therefore know by a look at the Cash Scroll Register as to the exact amount in the strong room on that day. 3. The topography of the Main Branch is given in the sketch plan Exh. Pl. The Manager's cabin is on the first floor at the north eastern corner. The central hall in the middle is empanelled with different counters and there is a big lounge outside facing the Manager's cabin. The Bank officials used to sit in the central hall at their respective places while transacting the business of the Bank. The bathroom and the W.C. Where the murder was committed, are on the south western corner. For going to the bathroom one has to cross the central hall, get into a foyer where the water cooler is kept and beyond it is the bathroom and W.C. Just across the foyer and opposite the bathroom is a flight of steps leading up to a mezzanine floor on which the strong room is located. 4. It appears that the accused Laxmi Raj Shetty, aged 24 years is a 6 feet tall, fair-complexioned young man with curly hair. He along with PW 9 Gobindaraj was recruited as trainee clerk at the Main Branch in the month of August 1982, placed on probation in October 1982 and thereafter confirmed in the month of April 1983. It has come in evidence that the accused Laxmi Raj Shetty and the deceased Gnanansam Bandham were known to PW 18 from before as they both used to leave the Bank premises together at night around 9 or 9.30 p.m. The accused was a karate expert and always attired in a red T-shirt carrying a karate bag on his shoulder. He was thus a man with distinctive features and would naturally stand out in a crowd. All the other witnesses examined by the prosecution to prove the various circumstances appearing in the case after the gruesome murder speak of the person involved being a tall, fair-complexioned young man with curly hair, aged about 24 or 25 years. The evidence also shows that PW 50 Deviasigamani, Inspector of Police who was investigating into the crime carried with him a photograph of the accused Laxmi Raj Shetty and when the witnesses were shown the photograph, they identified the accused to be the person in question. 5. According to the prosecution, on the fateful night i.e. On May 20, 1983 the deceased Gnanasambandham was, as usual, working in the bank after the normal banking hours. He used to sit on his table in the central hall next to the Manager's cabin underneath a fan. Being the senior- most officer, he had the custody of the first set of keys to the strong room; the second set of keys used to remain with the officer next to him PW 16 K. Chandrasekara Holla. Apparently, at about 7.30 p.m. Appellant No.1 Laxmi Raj Shetty (hereinafter referred to as the accused), after doing physical exercise at Physical Development Institute, returned to the Bank premises. The prosecution case is that during the probationary period, the accused used to work late in the evenings and gained the confidence of the deceased by helping him with the work. They would both leave the Bank together after completing the day's work round about 9 p.m. The deceased would hand over the keys of the outer door and the shutter to the accused who would lock the same and hand back the keys to the
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deceased. The accused would then accompany the deceased some way towards his horse. On the fateful night i.e. On May 20, 1983, the cash balance in the strong room at the end of the day, according to the testimony of PW 6 Smt. Shasikala as supported by the entry in the Cash Scroll Register Exh. P8 and that in the Double Lock Register Exh. P10, was Rs. 14,26,113.70 in bundles of currency notes of different denominations, all bearing Bank seals being MO 11 Series to MO 169 Series. From the testimony of PW 16 who had the custody of the second set of keys and was expected to take them home after the day's business, it appears that he would instead lock the same in the cupboard of his table and take the key of the cupboard with him. At times, out of forgetfulness, l-would leave the key to one of the drawers. 6. On that day, unfortunately, PW 16 left the key of the cupboard on the table which sealed the fate of the deceased. On the night the deceased was working in the Bank after the normal banking hours. Presumably some time after 7.30 p.m. He left his seat in the central hall to go to the bathroom and when he was in the toilet he was struck on the head with the iron portion of one of the stitchers as a result of which he slumped. Thereafter the assailant first brought him up, then strangulated him with a twisted towel with a knot and stabbed to death by a pair of stitchers on both sides of his neck, ordinarily used as part of official stationery for stitching papers. He had apparently been done to death to relieve himself of the first set of keys. 7. At about 9 p.m. The accused was seen coming out of the building by PW 18 Smt. Kanaka, a flower vendor, sitting on the steps of the Bank. The accused closed the outer door of the bank and was seen by PW 18 going towards Burma Bazar. He returned after some time with a light blue colour suitcase and re---entered into the Bank premises. After about half an hour he came out with a bag on his shoulder, the blue colour suitcase in one hand and a brief case which the deceased used to carry with him, in the other and placed the suitcase on the steps of the Bank. He again went inside and brought out a large coffee coloured skybag and placed it beside the suitcase. He then went towards Burma Bazar and came back with an auto-rickshaw and with the help of PW 31 Venkatesan, auto--rickshaw driver, placed the suitcase and the skybag in the auto-rickshaw and disappeared into the night. The testimony of PW 18 is that she repeatedly queried whether the Periya Ayya, meaning the elderly person or the Manager Ayya thereby meaning the deceased had not come but the accused did not respond to her queries. 8. On the next morning i.e. On May 21, 1983 at about 8.15 a.m. PW 2 Mallaiya the day watchman opened the Bank premises and when he switched on the lights, he found the fan over the table of the deceased still on and he switched it off. He also found the Seiko watch of the deceased, his ball pen, pass book and other belongings along with an open ledger lying on the table. He asked PW 1 Lakshmi, the sweeper, not to touch any of these articles and attend to her work. His version is that he went out for a cup of tea but shortly thereafter PW 1 came out shouting that there was a dead body lying in the toilet and in the meanwhile the members of the staff had started arriving. PW 2 along with Venkataraj. Cashier and one Rajaiah went inside and saw the body of the deceased sprawled in the toilet. He immediately contacted PW 3 P.T. Rajan, Chief Manager of the Bank and asked him to come at once. PW 3 rushed to the Bank and saw the ghastly sight and got in touch with the police control room. 9. On the 21st morning which was a Saturday, the accused attended the Bank as usual presumably to allay suspicion. He was present when the Investigating Officer PW 47 Anandam, Inspector of Police, Esplanade, B-2 Police Station came to the Bank along with a Sub-Inspector and a Police constable on receipt of a message flashed by the police control room, as conveyed by PW 46 Manikkam, Sub-Inspector of Police attached to B-1 North Beach Police Station. On his arrival he took cognizance of the offence on the first information report Exh. P 3 lodged by PW 3 and started making investigation and made the usual seizures. After holding an inquest over the dead body, he sent for the police photographer, the fingerprint expert and the police dog squad. He also recorded
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the statements of PW 1 Lakshmi, PW 2 Mallaiya, PW 3 P.T. Rajan and PW 16 K. Chandrasekara Holla and one Ravi Shankar. He did not interrogate the other Bank officials, including the accused. The testimony of PW 3 is that immediately on arrival at the Bank he sent for PW 16 and asked for the second set of keys. He came and told him that the key of his cupboard was missing and therefore it could not be opened. It had then to be wrenched open and the second set of keys was also found missing. PW 3 told PW 47 that he would get the duplicate set of keys from the Triplicane Branch and with the help of duplicate set of keys the strong room was opened at about 2.30 p.m. And a sum of Rs. 13,97,900 was found missing. A message was then transmitted by PW 3 to PW 10 P. Raghuram, Chairman of the Karanataka Bank at the Mangalore Head Office about the murder of the Actg. Manager and the theft of Rs. 13,97,900 from the strong room. 10. PW 43 Dr. Ceclia Cyril, Associate Professor, Department of Forensic Medicine, Medical College, Madras performed an autopsy on the dead body of the-deceased. She found that the deceased had been strangulated by a dark colour twisted towel 36 x 7 c.m. Long with a knot which completely encircled his neck near the thyroid cartilage. She found several external injuries. Underneath the towel there was a faint ligature mark 32 x 5 c.m. Over the front side and back of the neck. "Apart from this, there were also several lacerations, bruises and abrasions on the upper part of the body, particularly on the face and the neck as also on both the hands. The doctor also found two stitchers measuring 14 c.m. In length thrust into both sides of the neck in the front. One of the stitchers had been thrust 5 c.m. Deep and got stuck in the cartilage and the other was embedded 11 c.m. Deep. On dissection, she found extensive bruising of tissues over both sides of thyroid cartilage 7 x 5 x 1/4 c.m. As also on the front of trachea 7 x 3 x 1/2 c.m. According to the Doctor, each of injures Nos. 1,2 and 3 was by itself sufficient in the ordinary course of nature to cause death. She further opined that the cumulative effect of some of the injuries viz. Nos. 1-3, 4-10 and 17 was necessarily fatal. She stated that the blood marks on the walls of the toilet at well as on the floor could be due to sprouting and spillage of blood. In her opinion, death was not caused by strangulation alone. ' 11. For quite a while, the police drew a blank. At about 6 p.m. PW 47 Anandam, Inspector of Police accompanied by PW 46, Sub-Inspector returned to the Bank and started making inquiries in the neighbourhood. During the course of the inquiry he traced out one Ganesan, a plumber by profession, who used to sleep on the pavement near the Bank. He furnished a valuable clue which ultimately led to the detection of the murderer. He revealed that Smt. Kanaka, a flower vendor belonging to village Tharamani, whose husband Neerappan was employed as a cook at the nearby Krishna Bhawan Hotel on Errabalu Chetty Street, might disclose information about the murderer, if she were to be interrogated. On getting this vital information PW 47 went to village Tharamani but found the house of Smt. Kanaka locked. On enquiry he learnt that she had gone to the house of her sister at Vyasarpadi. PW 47 obviously did not realise the importance of this witness. He states that he did not go the Vyasarpadi that night although the place was only 7 kilometres from the Police Station as it was verb late. Nor did he personally go to the nearby Krishna Bhawan Hotel, which was only two furlongs away, and instead sent a Sub-Inspector to fetch Neerappan. Husband of PW 18, but he was not there. On the next morning i.e. The 22nd, under the orders of the Deputy Commissioner of Police, the case was transferred to the Crime Branch and investigation was taken over by PW 48 Guruvandi, Inspector of Police (Crimes), M-1 Port Trust Police Station, without further progress. He states that he had been to Tharamani in search of Smt. Kanaka but she was not there and learnt from the neighbours that she had gone to her sister's house at Vyasarpadi but since her place at Vyasarpadi was not known, he did not proceed to Vyasarpadi and instead left a message that on her return she should report to the police. He admits that he did not go himself to Krishna Bhawan Hotel but sent a Police Constable but he could not find Neerappan.
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12. On the 23rd morning at 10 a.m. PW 50 Deviasigamani, Inspector of Police (Crimes), B-2 Police Station who had taken over investigation in that morning, went to the Bank and further examined PW 2 Mllaiya, PW 3 P.T. Rajan and PW 12 Bala-subramaniam, as also the nearby shop-owners. He then went to village Tharamani in search of PW 18 Smt. Kanaka but till then she had not returned from her sister's house at Vayasarpadi. He left a message that she should report to the Police Station on her return. On that day he had also inspected all the relevant records including the attendance register and detected that apart from two others, the accused Laxmi Raj Shetty did not report for duty after the 23rd. He accordingly went to the Christian Home where the accused was staying in Room No.4 but found the room locked. He examined PW 27 Thirupathi, mess boy and learnt that the accused did not come for supper on the 20th night and therefore he had kept his food. It was revealed that the main gate of the hostel used to be closed at 10.30 p.m. And till then the accused had not returned. On the 21st morning at about 5 a.m. PW 27 saw the accused going up stairs to his room. After his bath he came down for breakfast but did not take any food complaining of stomach disorder and left after a cup of milk. On the 24th at 11 a.m. PW 50 again went to the Bank and examined some of the Bank employees, namely, PW 5 Rangarajan, PW 6 Smt. Shasikala and PW 9 Govindaraj. On that day at 4 p.m. He left for Vyasarpadi and remained there till 11 p.m. Moving about in different localities making an extensive search in an effort to trace out Smt. Kanaka, but this was of no avail. On the 25th he went to the Bank at 10 a.m. And further examined PW 16 Chandrasekara Holla and also recorded the statement of PW 17 Smt. Saraswathi Somasunder, an officer of the Bank. At 4 p.m. PW 50 left for Tharamani where he found PW 18 Smt. Kanaka at her house and recorded her statement which revealed the actual involvement of the accused Laxmi Raj Shetty in the commission of the murder and robbery; till then PW 50 treated him as a prime suspect. After the disclosure by PW 18 Smt. Kanaka that she had seen the accused Laxmi Raj Shetty coming out of Bank premises on the night in question after 9 p.m. Locking the premises and of his suspicious movements thereafter, PW 50 directed all his energies in tracking down the accused. He along with PW 49 Selvaraj, Inspector of Police and a Police party left in the early hours of 26th morning at 1 a.m. By a police jeep for Mangalore in search of the accused. They reached Mangalore at 9-30 p.m. At 11.30 p.m. PW 50 called on the Deputy Superintendent of Police and requested for help of the local police. With the local police headed by PW 40 Sundar Shetty, Sub-Inspector of Police, State Intelligence, PW 50 raided the house of appellant No. 2 Shivaram Shetty at Kidial Bail. Appellant No.2 and his wife were present in the house but the accused Laxmi Raj Shetty was not there, he having in the meanwhile left for Madras by the West Coast Express. The police carried on intensive search of the house till about 2 a.m. But nothing incriminating was found. When they questioned appellant No.2 he did not disclose that his son had already left for Madras by train. As a result of this, the Madras police throughout on the 27th searched for the accused Laxmi Raj Shetty at Mangalore and neighbouring placer but could not trace him out. On the 27th night at about 9 p.m. PW 50 alongwith the police party left for Madras and reached there in the early hours of 29th morning at 1 a.m. At 7.30 p.m. PW 50 alongwith PW 49 and the police party went to the Aerodrome, Egmore Railway Station and the Madras Central in search of the accused Laxmi Raj Shetty. At the Madras Central, PW 50 received information at about 1.45 p.m. That the accused was seen moving about in My Lady's Park. He accordingly with the police party rushed to the Park where he arrested the accused Laxmi Raj Shetty and recovered from his person currency notes in bundles of Rs. 5 denomination marked MOs. Nos. 190 and 199 bearing the Bank seals. On the 30th morning at 7.15 a.m. PW 50 accompanied by the accused visited the Hotel Chola Sheraton but except for the receptionist the other witnesses were not present. Apparently during investigation PW 50 derived information from the accused Laxmi Raj Shetty that the money stolen from the Bank was kept in his house at Mangalore. At about 9.30 a.m. He accordingly went to the Madras Central presumably because he thought that appellant No.2 Shivaram Shetty would be
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arriving by train but he could not be traced there. At 2 p.m. He obtained police remand of the accused Laxmi Raj Shetty. At 4.30 p.m. PW 50 along with PW 49 and the accused Laxmi Raj Shetty together with the police party left in a police jeep for Mangalore. However, on the way while the jeep was near the Madras Central, the accused Laxmi Raj Shetty pointed out his father Shivaram Shetty coming in a cycle rickshaw from the opposite direction. PW 50 asked the rickshaw-puller to stop and took appellant No.2 Shevaram Shetty into custody. Appellant No.2 was carrying three boxes. The police party returned to the Flower Bazar Police Station where the boxes were opened. Of them, two of the boxes marked MOs. 176 and 177 contained bundles of currency notes bearing the seal of the Bank totalling Rs. 12,27,500 and the same were seized. 13. The case presents a feature which is rather disturbing and gave rise to a prolonged argument lasting over several days. The Indian Express, Mangalore edition and the two regional newspapers Malai Murasu and Makkal Kural, both published from Madras bearing the date-line 29th May and the regional paper Dena Thanthi, also published from Madras of the 30th, carried a news item that the entire amount stolen from the Bank had been recovered from the residence of appellant No.2 at Mangalore and that both the accused had been taken into custody. A similar news item appeared in the regional newspaper Dina Thanthi on the 30th. If the news item published was true it would falsify the entire prosecution case about the alleged recoveries at Madras. There is however nothing on record to substantiate the story appearing in the newspapers. On the 30, late M. G. Ramachandran, the then Chief Minister of Tamil Nadu, at a public function felicitated PW 18 Smt. Kanaka, the flower vendor, for the exemplary courage shown by her in coming forward to help the police in furnishing the vital clue in solving the crime and presented her with a cash reward of Rs. 5,000. The Hindu published from Madras in all its editions of 31st carried a news item about the function and reported that the Chief Minister used the occasion to caution the newspapers against the danger of conjectural reporting of such crimes during investigation based on rumours unrelated to facts, which would not only prejudice the case but sometimes have the way for the offender to escape. He said that rumours were bound to sidetrack and mislead the public and even police officers concerned in solving the crime. After the function the Police Commissioner is reported to have told newsmen that the accused Laxmi Raj Shetty had been taken into custody on Sunday afternoon i.e. The 29th and had confessed that the cash removed from the strong room had been secreted out to Mangalore where his father lived. He informed that a police party was already there and the father Shivaram Shetty was likely to be nabbed any time. 14. In the meanwhile, the family of the appellants suffered a great tragedy. On the 30th Smt. Madhavi, wife of appellant No.2, employed as a School Teacher at Mangalore and his daughter Kumari Usha Rani, an employee of the State Bank of Mysore, Hasan Branch out of sheer shame could not bear the humiliation and committed suicide by walking into the Arabian Sea. The Indian Express and the Hindu of the 31st carried the news of their suicide and it was reported that their bodies were washed ashore on the Someswar-Ullal Beach on the outskirts of Mangalore. 15. The appellants abjured their guilt and denied the commission of the alleged offences. When the accused were questioned about the facts and circumstances appearing against them, they denied their complicity in the crime. Appellant No. 1 asserted that he had left for Mangalore on the 22nd as he was feeling unwell. When he called upon PW 10, Chairman of the Bank, who inquired as to why he had come to Mangalore, he told him of his ailment. On his advice he left for Madras to resume his duties. His version is that on the 27th afternoon when the West Coast Express by which he was travelling, arrived at the platform at the Madras Central, he saw members of the staff of the Bank, namely, PW 9 Govindaraj, Padmanabhan and Ramesh. When he went near them lie was tapped on his shoulder by a stranger who asked him whether he was Laxmi Raj Shetty. On his giving an affirmative answer he asked him to accompany him. On his query he disclosed that he was a police officer. By that time the other members of the staff had stopped him and they advisedth
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him to accompany the police. Appellant No.2 states that he had on 26th met the Chairman of the Bank and informed that his son had come to Mangalore and the Chairman wanted to speak to him. He accordingly…
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