- (1.) Shankar Gauri Sharrkar (original accused 1, Eldin Albert (original accused 2, Shivaji (original accused 3,jayavelu (original accused 4, Raman Raja Raman (original accused 5 and Ravi (original accused 6 are the appellants here. They along with four others; Palani (original accused 7, Paramasivam (original accused 8 and two absconding accused Mohan and Selvam Selvaraj were arrayed as accused. The case against the two absconding accused was separated. The gravamen of the charge against the accused was that all of them entered into a conspiracy and committed the murders of six deceased persons in the case namely Lalita (deceased 1, Sudalai (deceased 2, Ravi (deceased 3, Sampath (deceased 4, Mohan (deceased 5 and Govindaraj (deceased 6. The trial court found A-1 to A-8 guilty under Section 120-B read with S. 302, 201, 147, 302/34 and 404 Indian Penal Code. In respect of the murder charges the trial court sentenced A-1 to A-3 to death and A-4 to A-8 to imprisonment for life under each count and various other terms of imprisonment for the other minor offences. The High court acquitted A-7 and A-8 of all the charges and confirmed the convictions and sentences of the appellants. The High court, however, acquitted them of the conspiracy charge punishable under Section 120-B read with Section 302 Indian Penal Code. So far as A-1 to A-3 are concerned, both the courts have concurrently held that this is one of the rarest of rare cases where the sentence of death alone will meet the ends of justice.
(2.) A-1 is said to be the leader of the gang consisting of other accused. He was originally driving an auto and subsequently he started business in illicit arrack. A-2 to A-6 were assisting him. Then he entrusted the illicit arrack business to his younger brother Mohan, one of the absconding accused and started brothel business and was running the same profitably by employing a number of prostitutes. A-1 is said to be a cruel and ruthless person and he would not hesitate to eliminate anybody who interfered and obstructed his criminal activities. According to the prosecution, six deceased persons incurred his wrath and were done away to death by A-1 and his associates and their dead bodies were either buried or were caused to disappear.
(3.) The prosecution sought to prove its case by the evidence of Babu, Public Witness 1, the approver in the case and the corroborating evidence as well as by retracted judicial confessions made by A-1 and A-2 and the necessary corroborating evidence to the same. The prosecution case in general as unfolded by evidence adduced may be stated thus.;