RAMANATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Madras High Court dated Feb. 19, 1976, convicting appellant Ramanathan of offences under Section 302 (on two counts), S. 307 and S. 460 of the I.P.C. and S. 27 of the Arms act. The High Court has confirmed the sentence of death for the offences under S. 302, and has upheld the sentence of imprisonment for life for the offence under s. 307, of rigorous imprisonment for 10 years for the offence under S. 460 and of rigorous imprisonment for 3 years for the offence under S. 27 of the Arms Act.

(2.) Natarajan (deceased) who was a well to do yarn merchant of Nagercoil used to live there in his own house in Kumari Colony. His wife Smt. Nagammal (P.W. 1) used to live with him in that house. Their second son Vadadarajan (deceased) was 21 years old and was studying in fourth year in the Medical College at Palayam Kottai. As Sept. 19, 1974 was Vinayakchaturthi day, he took leave of absence for a day and came to his father"s house in Nagaricoil on Sept. 18, 1974. On the following day (Sept. 19, 1974) Natarajan returned home from his shop, in his car, at about 9 p.m. His driver parked the car in the compound of his house, locked the gate of the compound wall, delivered its key to Smt. Nagammal and went away. The other servants also went away at about 6 p.m. as usual. Smt. Nagammal locked the outer gate of her house as well as the grill door of the front verandah. Natarajan, his wife Smt. Nagammal and their son Varadarajan took their food at about 10 p.m. Varadharajan went to the office room, which was adjacent to the bed room of his parents, for study. Smt. Nagammal retired to her bed room and went to sleep. She woke up and went to the bath room at about 1-30 a.m. She saw that Varadarajan was sleeping on the cot which was there for the purpose in the office room. One leaf of the door of that room was open at that time. Smt. Nagammal went back to her bed room and slept there leaving one of the doors of her bed room open. A zero watt pulb was burning in her bed room.

(3.) It is alleged that at about 2-30 a.m. she heard a loud cry from the direction of her son"s room and thought that he was shouting in his dream. But she heard the sound of a shot immediately thereafter. She woke up her husband Natarajan and asked him to go and look in Varadarajan"s room. Natarajan opened the door leading to the drawing hall which was adjacent to his bed room. Smt. Nagammal heard the sound of another gun shot. She went towards the drawing hall and saw appellant Ramanathan standing at a distance of about 1 1/2 feet from the door of the drawing hall and firing his pistol at her husband who was standing near the eastern window of that room. Smt. Nagammal raised an alarm shouting "ayyo". Her husband moved to catch the appellant who went near the western portion of the drawing hall and fired at Smt. Nagammal. The shot grazed her body just above her stomach. Natarajan caught hold of the hands of the appellant and there was a tussle between them. The appellant shot at Natarajan repeatedly. Natarajan fell down but rose up. He dashed against the wall of the drawing hall. Smt. Nagammal went to his rescue, and the appellant shot at her stomach. She turned to go to the other room to use the telephone but the appellant hit her with the pistol on her head. The appellant then pressed the head of her husband with his pistol and went towards the front verandah. Smt. Nagammal again shouted "ayyo" and ran after him. She put on the verandah lights and the from light of her house and shouted "ayyo" and cried that the thief was running away after shorting. She found that one of the grill doors of the verandah was open at that time. The appellant ran through it, picked up a bag from near Natarajan"s car, scaled over the front compound wall and ran away on the road. Rajagopal (P.W. 2) who was living in the opposite house heard the reports of the shots and Smt. Nagammal"s shouts and came running so quickly that, according to him, he was able to see the appellant when he was getting down from the front verandah of the house and was scaling the compound wall. Smt. Laxmi, who lived near Rajagopal"s house, also reached there. They seated Natarajan on a sofa in the drawing hall, Muthu (P.W. 3) who lived only three house away and was a relation of Natarajan, also heard the shots and Smt. Nagammal"s shout for help and reached there. He immediately brought Dr. Samson (P.W. 13) at about 3.15 a.m. He examined Vadadarajan on his cot in the room and found that he had died. He went to the drawing hall and found Natarajan sitting on a sofa with gun shot injuries on his chest and some injuries on his head. He was however not able to talk and was sitting with a "stunned appearance" and was bleeding. Dr. Samson found that Smt. Nagammal had also received gun shot injuries. As it was a medico-legal case, the matter was referred to the Police and Muthu (P.W. 3) took Natarajan and Smt. Nagammal in his car to the hospital of Dr. Balasundram (P.W. 14). First aid was given to Smt. Nagammal while Natarajan was taken to the operation room. Inspector Narayana Nair (P.W. 30) reached there and recorded the statement (Ex. P-1) of Smt. Nagammal at about 4.30 a.m. and registered the case