The Hindu : Front Page : Hotel owner gets life term in murder case

Online edition of India's National Newspaper
Friday, Mar 20, 2009
ePaper | Mobile/PDA Version

Front Page

Front Page

Hotel owner gets life term in murder case

Special Correspondent

P.Rajagopal

CHENNAI: The Madras High Court on Thursday convicted P.Rajagopal, proprietor of the Saravana Bhavan hotels, under section 302 IPC (punishment for murder) and sentenced him to undergo life imprisonment.

The court reduced the total fine of Rs.55 lakh imposed by the trial court on him under various counts, to Rs.30,000.

Dismissing an appeal filed by Mr.Rajagopal and eight others, challenging the judgment of the Additional Sessions Judge, Chennai, at Poonamallee in April 2004, and allowing an appeal preferred by the State government, a Division Bench comprising Justices P.K.Misra and R.Banumathi in its 147-page common judgment said it was of the considered view that the guilt of the accused had been proved beyond all reasonable doubt.

In its appeal, the State contended that conviction should have been under section 302 IPC against seven persons, including Rajagopal, and not under section 304 Part-I IPC.

The Bench convicted five other accused, Daniel, Karmegam, Hussain alias Zakir Hussain, Kasi alias Kasi Viswanathan and Pattu Rajan, also under section 302, and increased their punishment to life imprisonment. It confirmed the sentence of three-year imprisonment on Tamil alias Tamil Selvan, Sethu and Muruganandam.

It said the trial court’s order directing the sentences against the accused to run concurrently would hold good.

The prosecution case was that Rajagopal wanted to marry Jeevajothi as his third wife. Jeevajothi was already married to Santhakumar. The body of Santhakumar was found by forest officials attached to the Perumalmalai in Kodaikanal range in October 2001. It was buried in the Kodaikanal municipal burial ground. Later, the body was identified to be that of Santhakumar and a charge sheet filed for offences under section 302, 364 and 201 IPC.

The trial court awarded 10 year rigorous imprisonment concurrently and imposed a fine of Rs.55 lakh on Rajagopal. Various terms of imprisonment and fine were imposed on other accused.

The Bench observed that in a case mainly based upon circumstantial evidence, once the guilt of the accused was established, there could not be any escape from the conclusion that if the prosecution case on record was found to be proved, such offence under section 302 IPC could not be treated as section 304 (I) IPC (punishment for culpable homicide not amounting to murder). If potholes were to be ferreted out from every “minor” loophole in the process of investigation, no prosecution, possibly, could be found to be free from some or other defect.

The Bench said the Additional Sessions Judge should take steps to secure the presence of the accused and commit them to prison.

Printer friendly page
Send this article to Friends by E-Mail

Front Page