Supreme Court of India
SATHYA NARAYANANversusSTATE REP. BY INSPECTOR OF POLICE
- Citation
- 2012 INSC 505
- Decided
- 2 November 2012
- Disposal
- Dismissed
- Bench
- P SATHASIVAM
Holding
The conviction is justified because the circumstantial evidence forms a complete, unbroken chain, the FIR delay is explained, hostile witness statements are admissible, and the accused failed to meet the burden of proof under Section 106.
Summary
The case involved twelve accused members of an ashram who were charged with murdering a woman, Leelavathi, who was a trustee of the ashram. The prosecution relied on circumstantial evidence, including the fact that the accused were last seen with the deceased, distress cries heard by a neighbor, commotion in the ashram, medical testimony, and statements of hostile witnesses. The defence argued there was no eye‑witness, the FIR was lodged nine days after the incident, and many prosecution witnesses turned hostile, contending that these defects should preclude conviction. The Supreme Court held that the chain of circumstances satisfied the five golden principles for circumstantial proof, the delay in filing the FIR was satisfactorily explained, hostile witness testimony could be relied upon to the extent it supported the prosecution, and the accused failed to discharge the burden under Section 106 of the Evidence Act. Consequently, the convictions were upheld and the appeals dismissed.
Issues considered
- The adequacy of circumstantial evidence to sustain a murder conviction in the absence of an eye‑witness
- The effect of a nine‑day delay in lodging the FIR on the prosecution case
- The admissibility and weight of testimony of hostile witnesses
- The burden of proof under Section 106 of the Indian Evidence Act when the accused were last seen with the deceased
- Whether the prosecution evidence satisfies the five principles laid down for conviction on circumstantial evidence
Legislation cited
- Code of Criminal Procedure, 1973s. 313
- Indian Evidence Act, 1872s. 106
- Indian Penal Code, 1860s. 149, s. 201, s. 302
Subjects
circumstantial evidencedelay in FIRhostile witnessburden of proofSection 106murderIndian Penal Codetrustashram
Judgment
[2012] 10 S.C.R. 950
A SATHYA NARAYANAN
V.
STATE REP. BY INSPECTOR OF POLICE
(Criminal Appeal No. 1539 of 2008 etc.)
NOVEMBER 2, 2012
B
[P. SATHASIVAM AND RANJAN GOGOi, JJ.]
Penal Code, 1860 - ss. 3021149 and 201 - Murder - 12
accused - Circumstantial evidence - Deceased last seen
c together with the accused - Motive - Witnesses fuming hostile
- Delay in lodging FIR - Trial court acquitting 6 accused, and
convicting rest 6 accused - Appeal by the 6 convicts - During
pendency thereof, 2 convicts died, hence appeal abated
against them - High Court confirming the conviction of the
0 other 4 convicts (appellants) - On appeal, held: Conviction
justified - The circumstances complete the chain of link and
establish that in all probability the act must have been done
by the appellants-accused - As the deceased was last seen
with the accused, burden to prove as to what happened to the
·E deceased was on the accused, which they failed - Case
cannot be rejected on the ground of delay in lodging FIR as
the same has been explained - Reliance placed on certain
statements of hostile witnesses by courts below is acceptable.
Witness - Hostile witness - Evidentiary value and
F reliance on - Held: Evidence of hostile witness cannot be
rejected in toto - It can be relied upon to the extent it supports
the prosecution case.
The appellants-accused alongwith 11 others were
G prosecuted for having killed one woman. The prosecution
case was that accusea No. 1 (appellant No. 1 in Criminal
Appeal No. 1573), in order to lead a spiritual life, deserted
her husband and started running an Ashram and lived
there with her son (accused No. 4). Accused No. 2
H 950
SATHYA NARAYANAN v. STATE REP. BY 951
INSPECTOR OF POLICE
became a member of the Ashram and started living there A
with his son (accused No.3) and daughter (accused
No.7). Accused No. 1 and accused No. 2 developed illicit
intimacy. The deceased who had initially come to take
tuitions of the children of accused Nos. 1 and 2, later
became member of the Trust and started looking after the B
accounts of the Ashram. The deceased also developed
illicit intimacy with accused No.2. The deceased was
demanding share in the property of the Ashram from
accused No. 1 or else she would disclose her illicit
intimacy with accused No. 2. On the day of the incident, c
accused No. 1 alongwith other accused, assembled at the
back side of the temple and started beating the deceased.
Accused No. 1 strangulated the deceased which resulted
in her death. FIR was lodged by PW-1, nine days after the
day of the incident. Trial court acquitted accused Nos. 6 0
to 11, convicted accused Nos. 1 to 5 u/ss. 302 r/w. s.149
and 201 IPC and convicted accused No. 12 u/s. 201 IPC.
The convicted accused filed appeal. During pendency of
the appeal accused Nos. 2 and 12 died and the appeal
abated against them. High Court dismissed the appeal, E
confirming the conviction.
In appeals to this Court, appel.lants-accused
contended that there was no eye-witness to the incident;
that there was delay in lodging FIR; that prosecution
witnesses turned hostile and evidence of PWs 1 and 2 F
were not accepted in toto by courts below and hence
their evidence was not acceptable. Therefore, the
appellants could not have been convicted.
Dismissing the appeals, the Court G
HELD: 1. When in the absence of eye-witness, if
various circumstances relied on by the prosecution
relating to the guilt are fully established beyond doubt,
the court is free to award conviction. Further, the chain
of events must be complete in order to sustain the H
952 SUPREME COURT REPORTS [2012] 10 S.C.R.
A conviction on the basis of circumstantial evidence.
Though there is no direct evidence about'the cause of
death, various circumstances projected by the
prosecution complete the chain of link and establish that,
in all probability, the act must have been done by the
s appellants. [Paras 13 and 33] [961-C; 973-F]
Hanumant vs. State of Madhya Pradesh 1952 SCR
1091; Sharad Birdhichand Sarda vs. State of Maharashtra
(1984) 4 sec 116: 1985 (1) SCR 88 - relied on.
C 2. Though the High Court disbelieved the version of
PW-1 as to the illegal intimacy between A-1 and A-2 and
A-2 and the deceased, the reasons furnished by him for
the delay in lodging the complaint after 9 days are
acceptable. Inasmuch as the entire episode has took
D place within the Ashram, PW-1 who worked in the Ashram
9 months ago along with his wife and was residing at the
backside of the temple, after getting full information about "
the incident, made a complaint to the police. In such
circumstance, the prosecution case cannot be rejected
E merely on the ground of delay since the complainant (PW-
1) has reasonably explained the reasons for the delay.
[Para 14] [962-H; 963-A·B]
3. Though both PWs 1 and 2 are not eye-witnesses
F to the occurrence, in view of the fact that they worked in
the Ashram for 9 months prior to the incident and were
residing behind the temple, PW-1 lodged a complaint Ext.
P/1 about the death of the deceased after getting all the
deta_ils and the circumstances highlighted by them
support the case of the prosecution. [Paras 17 and 24]
G [964-G-H; 965-A]
4. Merely because a witness was declared as hostile,
there is no need to reject his evidence in toto. The
evidence of hostile witness can be relied upon at least
H t:o the extent, it supported the case of the prosecution.
SATHYA NARAYANAN v. STATE REP. BY 953
INSPECTOR OF POLICE
In view of the same, reliance placed on certain A
statements made by hostile witnesses by the trial court
and the High Court are acceptable. PW4, though turned
hostile, in his chief examination, he stated that he heard
a commotion in the Ashram at the relevant time and the
date of the occurrence which is also another B
circumstance which supports the case of the
prosecution. [Paras 16 and 25) [964-C-D; 969-B-C]
Mrinal Das and Ors. vs. State of Tripura (2011) 9 SCC
479: 2011 (14) SCR 411 - relied on.
c
5. The evidence of PWs 6 and 7 (the doctors) prove
the death of the deceased occurred on the morning of
the date of the incident in the Ashram which is also one
of the reliable circumstance which supports the case of
the prosecution. It is also relevant to point out that the D
doctor, ?W-7, admitted that when he visited the Ashram,
he found a body lying beneath the sofa. It also creates a
suspicion about the cause of her death. [Para 28] [971-
F-G]
E
6. The fact that PW-8, who used to help the devotees
all the time was asked not to attend in the afternoon in
the month of April, 2000, is also one of the circumstance
which supports the prosecution case. [Para 29] [971-B]
7. PWs 35 and 36, brother and sister of the deceased F
respectively, residing in the same town, were not
informed about the death of the deceased by any person
in the Ashram, particularly, A-1 and A-2. PWs 15 and 16
(vettiyan) who were attending the work of cremating the
dead bodies, before commencement of their work, asked G
about the relatives of the deceased. A-2 informed them
that the deceased is an orphan and had no relatives. The
statements of PWs 15 and 16, persons in charge of
cremation of dead bodies, answers given by A-2 about
their query relating to the relatives of the deceased and H
954 SUPREME COURT REPORTS [2012) 10 S.C.R.
A their reply that the deceased was an orphan are relevant
circumstances which prove the case of the prosecution.
[Para 30) [971-C-F)
8. In the case of circumstantial evidence, motive also
assumes significance for the reason that the absence of
8
motive would put the court on its guard and cause it to
scrutinize each piece of evidence closely in order to
ensure that suspicion, omission or conjecture do not
take the place of proof. In the instant case, the
C prosecution has demonstrated that initially the deceased
entered the Ashram in order to assist the devotees and
subsequently became one of the Trustees of the Trust
and slowly developed grudge with the appellants. PWs
35 and 36, sister and brother of the deceased deposed
that since the time, the deceased became a Trustee, there
D was a dispute with regard to the Management of the said
Trust. [Para 31) [971-G-H; 972-A]
9. The appellants-accused having been seen last
with the deceased, the burden of proof rests upon them
E to prove what had happened thereafter since those facts
were within their special knowledge. In the absence of
any explanation, it must be held that they failed to
discharge the burden cast upon them by Section 106 of
the Evidence Act, 1872. Admittedly, none of the appellants
F explained what had happened to the deceased even in
their statements under Section 313 Cr.P.C. [Para 23) [968-
C-EJ
State of Rajasthan vs. Kashi Ram (2006) 12 SCC 254:
2006 (8) Suppl. SCR 501 - relied on.
G
Case Law Reference:
1952 SCR 1091 Relied on Para 11
1985 (1) SCR 88 Relied on Para 12
H 2011 (14} SCR 411 Relied on Para 15
SATHYA NARAYANAN v. STATE REP. BY 955
INSPECTOR OF POLICE
2006 (8) Suppl. SCR 501 Relied on Para 22 A
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
No. 1539 of 2008.
From the Judgment & Order dated 17.04.2008 of the High
Court of Madras, Bench at Madurai in Criminal Appeal No. B
1108 of 2000.
WITH
Crl. Appeal No. 1573 of 2009.
R. Balasubramanian, V. Giri, Guru Krishna Kumar, AAG,
c
A. Radhakrishnan, V.J. Francis, Anupam Mishra, D. Selvan, R.
Murugesan, P. Ramesh, G. Ravi Kumar, V. Santhana Lakshmi,
A. Venayagam Balan, B. Balaji, A. Prasanna Venkat, Muthuvel
Palani for the Appearing Parties.
D
The Judgment of the Court was delivered by
P. SATHASIVAM,J. 1. These appeals are directed against
the judgment and order dated 17.04.2008 passed by the
Madurai Bench of the Madras High Court in Criminal Appeal
No.1108 of 2000 whereby the Division Bench of the High Court E
dismissed the appeal filed by the appellants herein and
confirmed the order of conviction and sentence dated
14.11.2000 passed by the 1st Additional Sessions Judge-cum-
Chief Judicial Magistrate, Trichy in Sessions Case No.139/
2000. F
2. Brief facts:
(a) Jayanthi (A-1) (Appellant No.1 herein in Criminal
Appeal No. 1573 of 2009) was married to one Rajendran (PW-
34) and they were residing at Trichy along with their children. G
After the death of their daughter, Jayanthi intended to lead a
spiritual life and Rajendran started living separately whereas
their son Sathya Narayanan (A-4) was living with her.
H
956 SUPREME COURT REPORTS [2012] 10 S.C.R.
A (b) Jayanthi (A-1) was actually running an Ashram in the
name of Sri Devi Maha Sannathi at Govardhan Garden, K.K.
Nagar, Trichy. The other accused persons, viz., A-2 to A-11
therein were assisting her in the affairs of the Ashram whereas
A-12 was working as a Watchman in the said Ashram.
B
(c) One Sriputhra (A-2) used to visit the said Ashram and
became a Member and stayed there along with his son Sathya
Narayanan (A-3) and daughter Sadhana (A-7) leaving his wife.
According to the prosecution, during the course of time, A-1
and A-2 developed illicit intimacy. One Leelavathi (since
C deceased), who was originally taking tuition for the children of
A-1 and A-2, has also became a Member and she was looking
after the accounts of the said Ashram. During her continuation
in the Ashram, A-2 and Leelavathi also developed illicit intimacy
with each other.
D
(d) On account of the above, there was a quarrel between
Jayanthi (A-1) and Leelavathi (deceased) and Leelavathi
threatened her that she would disclose about her illicit intimacy
with A-2 to the outside public which would cause disgrace and
E shame to her and that she should be given a share in the
property of the Ashram.
(e) On 08.04.2000, between 6-7 a.m., Jayanthi (A-1) along
with other accused persons assembled at the backside of the
Temple and started beating Leelavathi causing grievous injuries
F to her and Jayanthi strangulated her neck which resulted into
her death. Sivasanmugam (PW-1), who was residing in the
house situated nearby the Temple, heard the cries of Leelavathi
and after two days, he came to know that Leelavathi was
beaten to death and the dead body was burnt in the burial
G ground.
(f) On 17.04.2000, PW-1 lodged a complaint at K.K. Nagar
Police Station, Trichy which came to be registered as C.S. No.
78 of 2000 mentioning the suspicion over the death of
Leelavathi. After investigation, the case was committed to the
H
SATHYA NARAYANAN v. STATE REP. BY 957
INSPECTOR OF POLICE [P. SATHASIVAM, J.]
Court of Sessions and numbered as Sessions Case No. 139 A
of 2000 and the charges were framed against 12 accused
persons for the offences punishable under Sections 147, 302
read with 149 and 201 of the Indian Penal Code, 1860 (in short
'IPC').
(g) By judgment dated 14.11.2000, the trial Court while B
acquitting A-6 to A-11, convicted A-1 to A-5 under Sections 302
read with Section 149 and 201 of IPC and sentenced them to
undergo rigorous imprisonment (RI) for life along with a fine of
Rs. 2,000/- each, in default, to further undergo RI for 6 months
for the offence punishable under Section 302. A-12 was C
convicted under Section 201 of IPC and sentenced to undergo
RI for 4 years along with a fine of Rs.1,000/-, in default, to
further undergo RI for 3 months.
(h) Challenging the said judgment, A-1 to A-5 and A-12 o
filed an appeal being Criminal Appeal No. 1108 of 2000 before
the Madurai Bench of the Madras High Court. During the
pendency of the appeal before the High Court, A-2 and A-12
died and appeal against them stood abated. The High Court,
by impugned judgment dated 17 .04.2008, dismissed the E
appeal and confirmed their conviction and sentence.
(i) Aggrieved by the said judgment, Sathya Narayanan (A-
3) filed Criminal appeal No. 1539 of 2008 and Jayanthi (A-1),
Chinna Sathya Narayanan (A-4) and Dinakaran (A-5) filed
Criminal Appeal No. 1573 of 2009 before this Court. F
3. Heard Mr. R. Balasubramanian, learned senior counsel
for A-3 - appellant in Crl. A. No. 1539 of 2008, Mr. V. Giri,
learned senior counsel for A-1, A-4 and A-5 appellants in Crl.
A.No. 1573 of 2009 and Mr. Guru Krishnakumar, learned
Additional Advocate General for the State of Tamil Nadu. G
4. The case of the prosecution is that Jayanthi (A-1) and
Sriputhra (A-2) were staying at No.11, Govardhan Garden, K.K.
Nagar leaving the company of their spouses. Sathya
H
958 SUPREME COURT REPORTS [2012) 10 S.C.R.
A Narayananan (A-4)- son of A-1 and Sadhana (A-7)- daughter
of A-2 were also living with them at the above-mentioned
address. Before coming to Govardhan Garden, A-1 was living
with her husband Rajendran (PW-34) at Kalla Street, Trichy
along with their children. In the year 1987, after the death of her
B daughter-Sridevi, she completely devoted herself to spirituality
which resulted into separation with her husband. It is the case
of the defence that as the place was very small, A-1 shifted to
the above-mentioned address at K.K. Nagar along with
Sriputhra (A-2) for the purpose of continuing the spiritual works.
c 5. Further, it is the case of the prosecution that while
leading a spiritual life, A-1 came into contact with A-2 who used
to visit the Temple and they developed illicit intimacy which
resulted into desertion of the husband and wife of A-1 and A-
2 respectively whereas it is the claim of the defence that A-1
D and A-2 deserted their spouses for the sole object of attaining
spirituality. While so, on 08.04.2000 between 6 to 7 a.m.
Jayanthi (A-1) along with other accused persons assembled at
the back side of the Temple and beat Leelavathi causing
grievous injuires to her and A-1 strangulated her neck which
E resulted into her death.
6. On the side of the prosecution, 46 witnesses were
examined and documents (Exh. No. P-1 to Exh. No. P-48) and
the material object Nos. 1 to 4 were marked. It is not in dispute
F that all the prosecution witnesses except police officers turned
hostile. The evidence of PWs 1 and 2 were disbelieved to a
certain extent. The trial Judae. based on various circumstances,
which clinchingly proved the prosecution case, convicted the
appellants which was affirmed by the High Court.
G Contentions:
7. Mr. R. Balasubramanian, learned senior counsel for A-
3, submitted that in the absence of any evidence in support of
the prosecution and delay in lodging of the complaint, conviction
H solely on the basis of the circumstantial evidence cannot be
SATHYA NARAYANAN v. STATE REP. BY 959
INSPECTOR OF POLICE [P. SATHASIVAM, J.]
sustained. In any event, according to him, absolutely there is A
no discussion by the High Court about the alleged role of A-3,
hence, prayed for setting aside the conviction and sentence.
8. Mr. V. Giri, learned senior counsel for A-1, A-4 and A-
5 submitted that the High Court having disbelieved all the
8
witnesses ought to have acquitted the appellants only on the
basis of presumption of certain facts. He further contended that
the High Court has also grossly erred in partly believing the
evidence of PWs 1 & 2 for the purpose of convicting the
appellants. The conduct of the appellants, who brought the C
doctor to the place where the deceased was lying instead of
taking her to the hospital as the same was essential for the
safety and the physical condition of the deceased, cannot form
any link in the chain of circumstances. He further submitted that
the High Court ought not to have convicted the appellants-
accused only on the basis of the doubts arose without there D
being any continuity of incriminating circumstances. According
to him, the High Court ought to have seen that to convict a
person on the basis of circumstantial evidence, the
circumstances must form a complete chain and all the
circumstances should point out that the accused is the only E
person who committed the offence and further exclude the
entire reasonable hypothesis that the accused is innocent.
According to him, the High Court, having disbelieved the case
of the prosecution to the extent that there was illicit relationship
between A-1 and A-2 and also that there was no evidence that F
A-2 was having illicit relationship with the deceased, confirmed
the conviction merely on the surmises. He further pointed out
that there was no eye witness to the occurrence and the case
is purely based on circumstantial evidence. Further, learned
senior counsel contended that the date of occurrence was G
08.04.2000 at about 10.30 a.m. and the FIR authored by PW-
1 was lodged on 17.04.2000, after a gap of 9 days which itself
is sufficient to reject the story of the prosecution.
9. Mr. Guru Krishnakumar, learned Additional Advocate
H
960 SUPREME COURT REPORTS [2012] 10 S.C.R.
A General for the State of Tamil Nadu while supporting the
decision of the trial Court and the High Court submitted that
various circumstances relied on by the prosecution are
acceptable and, in fact, both the courts rightly convicted the
appellants and prayed for confirmation of the same.
B 10. It is not in dispute that the basis of conviction is solely
on the circumstances relied on by the prosecution. In view of
the same, it is relevant to understand the nature and various
aspects relating to circumstantial evidence.
c 11. In Hanumant vs. State of Madhya Pradesh, 1952 SCR
1091 the nature, character and essential proof required in a
criminal case that rests on circumstantial evidence alone has
been laid down. This case has been uniformly followed and
applied by this Court in a large number of later decisions up to
0 this date.
12. In Sharad Birdhichand Sa rd a vs. State of
Maharashtra, (1984) 4 SCC 116, a Bench of three Judges of
this Court, after analyzing various aspects, laid down certain
cardinal principles for conviction on the basis of circumstantial
E evidence. This Court laid down the following conditions must
be fulfilled before a case against an accused can be said to
be fully established:
"153 ..... (1) the circumstances from which the conclusion
of guilt is to be drawn should be fully established ....... .
F
(2) the facts so established should be consistent only with
the hypothesis of the guilt of the accused, that is to say,
they should not be explainable on any other hypothesis
except that the accused is guilty,
G
(3) the circumstances should be of a conclusive nature and
tendency,
(4) they should exclude every possible hypothesis except
the one to be proved, and
H
SATHYA NARAYANAN v. STATE REP. BY 961
INSPECTOR OF POLICE [P. SATHASIVAM, J.]
(5) there must be a chain of evidence so complete as not A
to leave any reasonable ground for the conclusion
consistent with the innocence of the accused and must
show that in all human probability the act must have been
done by the accused.
B
154. These five golden principles, if we may say so,
constitute the panchsheel of the proof of a case based on
circumstantial evidence."
13. It is clear that even in the absence of eye-witness, if
various circumstances relied on by the prosecution relating to C
the guilt are fully established beyond doubt, the Court is free to
award conviction. Further, the chain of events must be complete
in order to sustain the conviction on the basis of circumstantial
evidence.
Delay in filing the complaint: D
14. Both the learned senior counsel for the appellants
commented the delay in filing the complaint which, according
to them, has not been properly explained by the prosecution. It
is true that the incident occurred on 08.04.2000 between 6-7 E
a.m., and a formal complaint was lodged by PW-1 on
17.04.2000, that is, after nine days of the occurrence. Though
the High Court has disbelieved the version of PW-1 on certain
clspects, particularly, the claim of illegal intimacy with A-1 and
A-2 and A-2 and the deceased, other aspects of his evidence
F
cannot be rejected. Since it was PW-1 who filed the complaint,
in his evidence, he explained the reason for the delay.
According to him, at the relevant time, he was residing at 15,
Govardhan Garden, 9, K.K. Nagar for the last 15 years along
with his wife S. Balambal (PW-2). He stated that the Temple
run by A-1 is located behind his house. He further deposed that G
he is well acquainted with all the accused persons because he
along with his wife used to visit the Temple regularly. In his
evidence, he described about the details of all the accused
persons. According to him, Leelavathi- the deceased was
looking after the Accounts and Postal Transactions of the H
962 SUPREME COURT REPORTS [2012] 10 S.C.R.
A Temple. She was appointed as a Member in the Educational
Trust of the temple. Around 20 days before the incident, when
PW-1 was going along with his wife, Leelavathi stopped them
and apprised about the ill-treatment meted out to her by A-1
and A-2. He further deposed that on 08.04.2000, about 6-7
B a.m., when he was in his house, he heard the shoutings of
Leelavathi as "don't beat, don't beat" and also heard the voice
of A-1 saying "beat, beat" and also saying "will you go out".
According to PW-1, after some time, there was no noise. In the
same morning, at around 9 a.m., again he heard the cries of
c Leelavathi. On hearing the same, he along with his wife (PW-
2) came out of their house and noticed that Leelavathi was
running out of the house. They also heard the voice of A-2
asking others "catch her" "catch her". They further noticed A-1
asking Sasikala (A-10) to bring a wood in order to beat her.
A-10 handed it over to Dinakaran (A-5) who, in turn, assaulted
0
Leelavathi in the back side of her head using that wood. On
seeing their presence, the accused persons dragged her
inside the house. After two days, when he went to the nearby
chicken shop, the owner of the shop told him that Leelavathi
E was beaten to death and she was burnt in the burial ground.
According to him, the chicken shop owner came to know all
these details through Karuppaiah (A-12). After enquiring about
the death from several persons, PW-1 deposed that he came
to know about the truth and then he gave a complaint to the
Police on 17.04.2000 which Exh. P/1. PW-1 gave the same
F reasoning in regard to an answer to a specific question relating
to delay in filing of the complaint for the incident that had
happened on 08.04.2000. It is pertinent to mention here that
the very same facts mentioned above have been narrated by
PW-2 in her deposition dated 16.10.2000. In cross-
G examination, he denied the suggestion that A-2, A-5 and A-9
were behind the termination of his and his wife's job and that
he made a false complaint against them. As mentioned earlier,
though the High Court disbelieved his version as to the illegal
intimacy between A-1 and A-2 and A-2 and the deceased, the
H reasons furnished by him for the delay in lodging the complaint
SATHYA NARAYANAN v. STATE REP. BY 963
INSPECTOR OF POLICE [P. SATHASIVAM, J.]
after 9 days are acceptable. Inasmuch as the entire episode A
has taken place within the Ashram, PW-1 who worked in the
Ashram 9 months ago along with his wife and was residing at
the backside of the Temple, after getting full information about
the incident, made a complaint to the police. In such
circumstance, the prosecution case cannot be rejected merely B
on the ground of delay since the complainant (PW-1) has
reasonably explained the reasons for the delay. Accordingly,
we reject the argument of the learned senior counsel for the
appellants.
c
Reliance on the hostile witness:
15. It is the contention of Mr. Giri, learned senior counsel
that in view of the fact that all the prosecution witnesses turned
hostile and even the evidence of PWs 1 and 2 are not
acceptable in toto, the conviction based on certain statements D
cannot be accepted. In this regard, it is relevant to refer a
decision of this Court in Mrina/ Das and Others vs. State. of
Tripura, (2011) 9 SCC 4 79. In the said decision, the main
prosecution witnesses, viz., PWs 2, 9, 10 and 12 were declared
as hostile witnesses. While reiterating that corroborated part E
of evidence of hostile witness regarding commission of offence
is admissible, this Court held:
"67. It is settled law that corroborated part of evidence of
hostile witness regarding commission of offence is
admissible. The fact that the witness was declared hostile F
at the instance of the Public Prosecutor and he was
allowed to cross-examine the witness furnishes no
justification for rejecting en bloc the evidence of the
witness. However, the court has to be very careful, as
prima facie, a witness who makes different statements at G
different times, has no regard for the truth. His evidence
has to be read and considered as a whole with a view to
find out whether any weight should be attached to it. The
court should be slow to act on the testimony of such a
witness, normally, it should look for corroboration with other H
964 SUPREME COURT REPORTS [2012] 10 S.C.R.
A witnesses. Merely because a witness deviates from his
statement made in the FIR, his evidence cannot be held
to be totally unreliable. To make it clear that evidence of
hostile witness can be relied upon at least up to the extent,
he supported the case of the prosecution. The evidence
B of a person does not become effaced from the record
merely because he has turned hostile and his deposition
must be examined more cautiously to find out as to what
extent he has supported the case of the prosecution."
16. We reiterate that merely because the witness was
C declared as hostile, there is no need to reject his evidence in
toto. In other words, the evidence of hostile witness can be
relied upon at least to the extent, it supported the case of the
prosecution. In view of the same, reliance placed on certain
statements made by hostile witnesses by the trial Court and the
D High Court are acceptable. Now, let us consider hereunder how
far those statements supported the case of the prosecution.
Evidence of PWs 1 and 2:
17. We have already referred to the evidence of P\'.'J-1 at
E length and PW-2 who is none else than wife of PW-1.
Admittedly, they were residing behind the Temple and it was
PW-1 who made a complaint (Exh. P/1) to the police after
enquiring about the incident from various persons/sources.
Balambal (PW-2) also explained the case of the prosecution
F similar to as narrated by PW-1. She denied the suggestion that
she came to know the details about the death of Leelavathi on
10.04.2000. She also denied the suggestion that even though
she knew that Leelavathi had a natural death because of the
chest pain and her husband in order to grab money from the
G accused persons made a false complaint to the police. Though
both PWs 1 and 2 are not eye witnesses to the occurrence, in
view of the fact that they worked in the Ashram for 9 months
prior to the incident and were residing behind the Temple, PW-
1 lodged a complaint Ext. P/1 about the death of Leelavathi after
H getting all the details and the circumstances highlighted by them
SATHYA NARAYANAN v. STATE REP. BY 965
INSPECTOR OF POLICE [P. SATHASIVAM, J.]
support the case of the prosecution. A
Deceased was a Member of the Trust:
18. It is not in dispute that Leelavathi (deceased) was
originally taking tuition for the children of A-1 and A-2, who were
residing in the Ashram after leaving their spouses. It is also not B
disputed that Leelavathi has also became a Member of the
Trust of the Ashram and she was actually staying in the Ashram.
Through the evidence of Subramanian (PW-40), a xerox copy
of the Trust Deed had been marked as Exh. P-27. On perusal
of the same, it can be seen that Jayanthi (A-1) had established c
a Trust in the name of Sridevi Sewa Trust and Sriputhra (A-2),
Peria Sathya Narayanan, (A-3), Chinna Sathya Narayanan (A-
4), Sadhana (A-5) and Leelavathi (deceased) were appointed
as Trustees. These aspects have been stated by A-1 in her
statement recorded under Section 313 of the Code of Criminal D
Procedure, 1973 (in short 'the Code'). Though there is no
acceptable evidence as to the fact that an attempt was made
for her removal from the Trust, the fact remains that Leelavathi
(deceased) was a Member of the said Trust.
Death occurred in the Ashram: E
19. It is the definite case of the prosecution that Leelavathi
(deceased) was a Trustee in the above said Trust, looking after
the accounts of the Ashram and was. staying in the Ashram.
Selvi Mythili (PW-35) and Thiru Ananda Padhmanaban (PW- F
36), sister and brother of the deceased respectively, had
deposed in their evidence that Leelavathi was staying in the
Ashram itself leaving them and her parents and that she had
given some assignment there. Both of them deposed that since
then she became a Trustee, there was a dispute with regard G
to the management of the said Trust. The very same fact has
also been stated in the evidence of PWs 1 & 2 that about 20
days prior to the occurrence, Leelavathi (deceased) was
subjected to torture and harassment with regard to her removal
from the s3id Trust. The evidence of Dr. Thirugnanasundaram
(PW-6) and Dr. Sathyavenkatesh (PW-7) -the local doctors are H
966 SUPREME COURT REPORTS (2012] 10 S.C.R.
A also relevant as to the death of the deceased which occurred
in the Ashram. PW-6, in his evidence, had deposed that on
08.04.2000, at about 11 a.m., he received a phone call from a
person from Sridevi Temple stating that one lady has become
fainted and requested him to see her in the Ashram on which
B he replied in the negative and advised the caller to take her to
his Clinic. After 5 minutes, Sriputhra (A-2) came to his Clinic
and again requested him to attend the patient in the Ashram
but he refused to accede to his request. From the above, it is
clear that PW-6 was requested to attend a lady patient at the
c Ashram.
20. Likewise, PW-7 was requested to attend a lady lying
unconscious in the Ashram. In his evidence, he deposed that
on 08.04.2000, at about 11.30 a.m. Sriputhra (A-2) came to
his Clinic and stated that one lady was fainted in the Ashram
D and requested him to attend her in the Ashram. PW-7 went to
the Temple in order to see her in the car of A-2 and found one
lady lying in the house adjacent to the said Temple beneath the
sofa in the front hall. He further explained that after checking
the pulse and heart beat, he declared her 'dead'.
E
21. From the evidence of Doctors and the statement of A-
2 made to them regarding the condition of the lady, it is clear
that the death occurred in the Ashram.
Failure of accused to give satisfactory explanation to
F an incriminate circumstance which was within their
special knowledge
22. Section 106 of the Indian Evidence Act, 1872 reads
as under:
G "106. Burden of proving fact especially within
knowledge.- When any fact is especially within the
knowledge of any person, the burden of proving that fact
is upon him.
Illustrations
H
SATHYA NARAYANAN v. STATE REP. BY 967
INSPECTOR OF POLICE [P. SATHASIVAM, J.]
(a) When a person does an act with some intention other A
than that which the character and circumstances of the
act suggest, the burden of proving that intention is upon
him.
(b) A is charged with traveling on a railway without a ticket.
B
The burden of proving that he had a ticket is on him."
The applicability of the above provision has been
explained by this Court in State of Rajasthan vs. Kashi Ram,
(2006) 12 sec 254 which held as under:
"23 ......................... The principle is well settled.
c
The provisions of Section 106 of the Evidence Act itself
are unambiguous and categoric in laying down that when
any fact is especially within the knowledge of a person, the
burden of proving that fact is upon him. Thus, if a person
is last seen with the deceased, he must offer an D
explanation as to how and when he parted company. He
must furnish an explanation which appears to the court to
be probable and satisfactory. If he does so he must be
held to have discharged his burden. If he fails to offer an
explanation on the basis of facts within his special E
. knowledge, he fails to discharge the burden cast upon him
by Section 106 of the Evidence Act. In a case resting on
circumstantial evidence if the accused fails to offer a
reasonable explanation in discharge of the burden placed
on him, that itself provides an additional link in the chain F
of circumstances proved against him. Section 106 does
not shift the burden of proof in a criminal trial, which is
always upon the prosecution. It lays down the rule that when
the accused does not throw any light upon facts which are
specially within his knowledge and which could not support G
any theory or hypothesis compatible with his innocence,
the court can consider his failure to adduce any
explanation, as an additional link which completes the
chain. The principle has been succinctly stated in Naina
Mohd., Re. AIR 1960 Mad 218.
H
968 SUPREME COURT REPORTS [2012] 10 S.C.R.
A 24. There is considerable force in the argument of
counsel for the State that in the facts of this case as well it
should be held that the respondent having been seen last
with the deceased, the burden was upon him to prove what
happened thereafter, since those facts were within his
B special knowledge. Since, the respondent failed to do so,
it must be held that he failed to discharge the burden cast
upon him by Section 106 of the Evidence Act. This
circumstance, therefore, provides the missing link in the
chain of circumstances which prove his guilt beyond
c reasonable doubt."
23. The appellants-accused having been seen last with the
deceased, the burden of proof rests upon them to prove what
had happened thereafter since those facts were within their
special knowledge. In the absence of any explanation, it must
D be held that they failed to discharge the burden cast upon them
by Section 106 of the Indian Evidence Act, 1872. Admittedly,
none of the appellants explained what had happened to the
deceased even in their statements under Section 313 of the
Code.
E
Distress cry of the deceased
24. We have already stated that at the relevant time, PWs
1 & 2, who are husband and wife, were residing at the back
side of the Ashram. It was PW-1, who after thorough enquiry,
F made a complaint to the police on 17.04.2000 (Exh. P/1 ). In
the complaint, PW-1 has specifically stated that on 08.04.2000,
around 6-7 a.m., while he was in his house, he heard the
shouting of Leelavathi saying "don't beat, don't beat" and also
heard A-1 saying "beat, beat". In Exh. P/1, PW-1 also stated
G that at that time, A-2 shouted by saying "catch her" "catch her".
All these events, particularly, the distress cry of the deceased
was heard by PW-1 and he mentioned the same in his
complaint (Exh. P/1 ). It is also a relevant circumstance which
supports the case of the prosecution.
H
SATHYA NARAYANAN v. STATE REP. BY 969
INSPECTOR OF POLICE [P. SATHASIVAM, J.]
Commotion in the Ashram A
25. Mohan (PW-4), whose house is situated next to Sridevi
Temple in the eastern side stated that he is well acquainted with
A-1 to A-4 and A-7. According to him, in April 2000, when he
was studying in the top floor of his house, he heard a sound
8
coming from Sridevi Temple. Though he turned hostile, in his
chief examination, he stated that he heard a commotion in the
Ashram at the relevant time and the date of the occurrence
which is also another circumstance which supports the case of
the prosecution.
c
The statements of Doctors - PW-6 and PW-7
26. Dr. Thirugnanasundaram (PW-6), deposed that on
08.04.2000, between 11.00 and 11.15 a.m., he received a
phone call from Sridevi Temple stating that one woman had
fallen down on account of dizziness and requested him to come D
and see her. He replied in the negative and advised them to
take her to his Clinic. There was no response from the other
end. After 5-10 minutes, A-2 came to his Clinic in a car and
requested him to see the patient in the Ashram but he did not
accede to his request. He further deposed that the distance E
between his Clinic and Sridevi Temple might be of 3 furlong
and he also admitted that he knows A-1 and A-2.
27. Dr. Sathyavenkatesh, who was examined as (PW-7),
deposed that on 08.04.2000, around 11.30 a.m., A-2 came to
F
his Clinic and informed that a woman had become unconscious
and requested him to come to the Ashram for treatment and
on his request, he went to see her in his car. He further deposed
that when he reached there, a woman was found lying in the
main hall beneath the sofa. He checked her pulse and heart
beat and found that the woman was dead. He further stated that G
on the same day, after 8.00 p.m., A-2 came to his Clinic and
sought for the Death Certificate. He informed him that since he
had not given any treatment to her, he could not issue the same.
Since A-2 compelled him to issue such Certificate on the
H
970 SUPREME COURT REPORTS [2012] 10 S.C.R.
A ground that the deceased was a Member of the Trust and the
Auditor has sought the same, he issued a Death Certificate.
The Xerox copy of the Death Certificate is marked as Exh. P-
2. He also stated that he had not seen any injury on the body.
He fairly admitted that without doing post mortem, it would not
B be possible to mention the cause of death and certificate
cannot be issued. He reiterated that only on the insistence of
A-2, he issued a Death Certificate.
28. The analysis of the evidence of PWs 6 and 7 shows
that in the morning of 08.04.2000, both the Doctors, initially
C PW-6, was requested to attend a lady lying unconscious in the
Ashram and when PW-6 declined, PW-7 was taken to the
Ashram. It is further clear that on preliminary examination by
PW-7, the woman was found dead. The statements of PWs 6
and 7 prove that the deceased died in the Ashram on
D 08.04.2000. It is also clear that though PW-7 has stated that
he did not notice any injury on the body of the deceased, he
admitted that the whole body was covered with a blue colour
saree. He issued the Death Certificate mentioning that the
deceased would have died due to Iheart attack without any
E examination, particularly, when the pf!tient did not come to him
at any point of time that too at the insistence of A-2, there is
no need to give importance to the same. However, the evidence
of PWs 6 and 7 prove the death of the deceased occurred on
the morning of 08.04.2000 in the Ashram which is also one of
F the reliable circumstance which supports the case of the
prosecution. It is also relevant to point out that the doctor, PW-
7, admitted that when he visited the Ashram, he found a body
lying beneath the sofa. It also creates a suspicion about the
cause of her death.
G Sudha {PW-8) servant maid was told not to report for
work in the afternoon:
29. Though Sudha {PW-8) turned hostile, in her deposition,
it was stated that she was working in Sridevi Temple from
H January to March, 2000 and was distributing Saffron powder,
SATHYA NARAYANAN v. STATE REP. BY 971
INSPECTOR OF POLICE [P. SATHASIVAM, J.]
turmeric and holy ashes to the devotees of the Temple. She A
further deposed that in April, 2000, when she went for work in
the morning and was returning to her house for lunch at about
1.00 p.m., A-2 asked her not to come for work in the afternoon,
therefore, on his instruction, she did not go for work in the
afternoon. The fact that PW-8, who used to help the devotees 8
all the time was asked not to attend in the afternoon in the month
of April, 2000 is also one of the circumstance which supports
the prosecution case.
PWs 35 and 36 brother and sister of the deceased were
not informed about the death of the deceased: C
30. Though PWs 35 and 36, brother and sister of the
deceased respectively, were residing in the same town were
not informed about the death of Leelavathi by any person in the
Ashram, particularly, A-1 and A-2. As a matter of fact, PWs 15
0
and 16 (vettiyan) who were attending the work of cremating the
dead bodies, before commencement of their work, asked
about the relatives of the deceased. A-2 informed them that the
deceased is an orphan and had no relatives. As rightly
observed by both the Courts, it would indicate that the
appellants were not only responsible for committing murder but E
also screened the evidence. The statements of PWs 15 and
16, persons in charge of cremation of dead bodies, answers
given by A-2 about their query relating to the relatives of the
deceased and their reply that the deceased was an orphan are
relevant circumstances which prove the case of the prosecution. F
Motive:
31. In the case of circumstantial evidence, motive also
assumes significance for the reason that the absence of motive
would put the court on its guard and cause it to scrutinize each G
piece of evidence closely in order to ensure that suspicion,
omission or conjecture do not take the place of proof. In the
case on hand, the prosecution has demonstrated that initially,
the deceased entered the Ashram in order to assist the
devotees and subsequently became one of the Trustees of the H
972 SUPREME COURT REPORTS [2012] 10 S.C.R.
A Trust and slowly developed grudge with the appellants. PWs
35 and 36, sister and brother of the deceased· Leelavathi
deposed that since then she became a Trustee, there was a
dispute with regard to the Management of the said Trust.
32. From the above materials, we noted the following
B circumstances relied on by the prosecution, accepted by the
tria! Court and the High Court :
(i) The deceased was a member of the Trust.
(ii) On 08.04.2000, the date of incident, there was
c some kind of commotion in the Ashram.
(iii) The death occurred in the Ashram.
(iv) In the complaint to police (Exh. P-1), it was stated
that there was distress cry of the deceased.
D
(v) PW-4 heard a commotion in the Ashram.
(vi) A-2 approached PW-6 (Doctor) stating that a lady
was lying unconscious.
E (vii) PW-7 (another Doctor) was requested to attend a
lady lying unconscious.
(viii) The accused failed to take the deceased to the
hospital rather they preferred to treat her in the
Ashram itself with the help of known doctors (PWs
F 6 & 7).
(ix) PW-7 visited the Ashram and found a body lying
beneath the Sofa.
(x) The dead body was covered with a Saree and,
G therefore, PW-7 could not have seen any external
injury.
(xi) The accused have chosen not to conduct post
mortem hence, the real cause of the death was
completely suppressed.
H
SATHYA NARAYANAN v. STATE REP. BY 973
INSPECTOR OF POLICE [P. SATHASIVAM, J.]
(xii) PW-8 was told not to report for work in the A
afternoon.
(xiii) The accused have failed to inform any of the
relatives of the deceased (PWs 35 & 36) though
they lived in the same town.
B
(xiv) A-2 visited PW-15's place for arranging for the
cremation.
(xv) PWs 15 & 16 asked about the availability of
relatives and the accused answered in the C
negative.
(xvi) PWs 15 to 18 identified A-3 as being present at
the time of cremation.
(xvii) The time of cremation of the deceased was late in
0
the evening, though the death occurred in the
forenoon itself.
(xviii) The accused had voluntarily lied to the persons who
were cremating the body (vettiyan) that the
deceased was an orphan and has no relatives. E
Conclusion:
33. The above analysis clearly shows that though there is
no direct evidence about the cause of death, various
circumstances projected by the prosecution complete the chain F
of link and established that, in all probability, the act must have
been done by the appellants. All the circumstances have been
clearly discussed by the trial Court and it rightly convicted and
awarded appropriate sentence. The High Court, as an appellate
Court, once again marshaled all the materials leading to the G
death of the deceased Leelavathi and confirmed the same. We
fully concur with the said conclusion. Consequently, the appeals
fail and are accordingly dismissed.
K.K.T. Appeals dismissed.
H
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.
Try "circumstantial evidence"Sign in to search