SOOGURU SUBRAHMANYAMversusSTATE OF A.P.

                        [2013] 2 S.C.R. 514


A                  SOOGURU SUBRAHMANYAM
                                  v.
                           STATE OF A.P.
                 (Criminal Appeal No. 164 of 2008) .
                          APRIL 04, 2013
B
       [K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.]

        PENAL CODE, 1860:

c       s.302 - Murder - Cir::;utnstantial evidence - Husband
  suspecting fidelity of wife - Dead body of wife found in the
  premises in exclusive possession of the couple - Death
  caused by smothering - Husband absconded after the
  incident - Held: All the links in the chain of evidence are
0 established beyond reasonable doubt and the established
  circumstances are consistent with the singular hypothesis that
  the accused is guilty of the crime and it is totally inconsistent
  with his innocence - Conviction and sentence as awarded by
  trial court and affirmed by High Court, upheld - Evidence -
E Circumstantial evidence - Criminal law - Motive.
       The appellant was prosecuted for the murder of his
  wife. The prosecution case was that the appellant
  suspected the character of his wife. In the morning of
  17.10.2000, the wife of the appellant was found dead in
F their house. The appellant was absconding. The medical
  evidence established that it was a case of homicidal
  death and not of suicide as the deceased had died due
  to smothering. The trial court convicted the appellant ul
  s 302 IPC and sentenced him to imprisonment for life. The
G High Court affirmed the conviction and sentence.

        Dismissing the appeal, the Court'

        HELD: 1.1 The deceased had died of asphyxia as a

H                                514
  SOOGURU SUBRAHMANYAM v. STATE OF A.P.                 515


result of smothering. The injuries and the opinion has         A
clearly revealed that the death was homicidal. There can
be no iota of doubt that the death was homicidal and not
suicidal and further it was not a case of rape and murder.
[para 9) [522-F-H]
     1.2 From the testimony of PW-8, the younger sister        B
of the deceased and PW-9, another relative of the
deceased, it is evidence that the accused, for whatever
reason, had garnered suspicion against the attitude and
character of his wife. Further, PW-7, who in his 161
Statement had stated that the accused has told him about       C
the anguish relating to his wife's character, though has
turned hostile, yet the same would not make any
difference to arrive at the conclusion on the basis of the
evidence of PWs-8 and 9 that he had a suspicious mind
as regards the character of his wife. [para 11-13) [523-C-     D
E, F-H]
    1.3 It has been established on the basis of the material
on record that the premises had been taken on rent by
the accused and he was residing with his wife in the said
premises. From the evidence of PW-1, the land lady and         E
her son (PW-5), it is evident that the deceased had died
about 6.30 a.m., The evidence of PW-12, the Councillor,
and PW-13, the Investigating Officer, established that after
breaking open the lock the dead body was found in the
room. [para 14) [524-A-B, D-E, F-G]                            F
     1.4 It is worthwhile to note that the accused did not
take the plea of alibi. On the contrary, the factum of
abscondence has been proven. Under these
circumstances, the cumulative effect is that the husband
was present in the house when the death of the wife            G
occurred. The circumstances soundly establish that the
deceased was with the accused during the night, there was
a locking of the door from outside which could not have
been done by anyone else except him and further he
absconded from the scene of the crime and did not report       H
    516     SUPREME COURT REPORTS               [2013] 2 S.C.R.


A to the police. Thus, the irresistible and inescapable
  conclusion is thatthe accused was the culprit in committing
  the murder of his wife. [para 15] [525-B-C, 0-E]
       1.5 In the case at hand, there is material on record
  which suggests that there was some ire that had swelled
B up in the mind of the accused to extinguish the life spark
  of the wife. It is to be borne in mind that suspicion
  pertaining to fidelity has immense potentiality to commit
  irreversible wrongs as it corrupts the mind and corrodes
  the sense of rational thinking and further allows liberty
C to the mind to pave the path of evil. [para 17 and 18] [526-
  G; 527-A-B]                                                  .
        Nathuni Yadav and Others v. State of Bihar and Another
    1996 (10) Suppl. SCR 905 = (1998) 9 SCC 238 • referred
    to.
D
      1.6 Therefore, this Court holds that all the links in the
  chain of evidence are established beyond reasonable
  doubt and the established circumstances are consistent
  with the singular hypothesis that the accused is guilty of
E the crime and it is totally inconsistent with his innocence.
  [para 19] [527 -C·D]
       Sharad Birdhichand Sarda v. State of Maharashtra 1985
  (1) SCR" 88 =AIR 1984 SC 1622 Padala Veera Reddy v. State
  of Andhra Pradesh and Ors. AIR 1990 SC 79; Ba/winder
F Singh v. State of Punjab1995 (5) Suppl. SCR 10 =AIR 1996
  SC 607, Harischandra Ladaku Thange v. State of
  Maharashtra 2007 (9) SCR 562 =AIR 2007 SC 2957 and
  Jagroop Singh v. State of Punjab 2012 SCR 91 =AIR 2012
  SC 2600 • relied on.
G                       Case Law Reference:
          1996 (10) Suppl. SCR 905 referred to       para 16
          1985 (1) SCR 88           relied on        para 19

H         AIR 1990 SC 79            relied on        para 19
   SOOGURU SUBRAHMANYAM v. STATE OF AP.                      517


     1995 (5) Suppl. SCR 10         relied on          para 19       A

     2007 (9) SCR 562               relied on          para 19
     2012 SCR 91                    relied on          para 19

    CRIMINAL AP PELLATE JURISDICTION : Criminal Appeal               B
No. 164 of 2008.

    From the Judgment and Order dated 28.08.2006 of the
High Court of Judicature, Andhra Pradesh at Hyderabad in
Criminal Appeal No. 1478 of 2004.
                                                                     c
    Ashok Kumar Sharma, Avinash Kumar Jain for the
Appellant.

    Shishir Pinaki, D. Mahesh Babu, Mayur Shah for the
Respondent.                            •
                                                                     D
     The Judgment of the Court was delivered by

      DIPAK MISRA, J. 1. The accused-appellant had entered
into wedlock with Nagamani, the deceased, on 30.4.1998 and
for some time, they lived in marital bliss at Hindupur. After four   E
months, the needs of life compelled the couple to shift to
Srikalahasti where the father of the deceased was working. The
experience of life not being satisfactory hardly after eight
months, at the insistence of the wife, they shifted back to
Hindupur. The shifting to Hindupur did not bring satisfaction as     F
expected and hence, eventually, they shifted to Madanapalle
town where the accused was working prior to the marriage. As
the prosecution story further unfurls, at the time of occurrence,
i.e., on 17.10.2000, the accused was staying in the rented
portion of the house belonging to Dhanalakshmi, PW-1. The            G
other portion was occupied by one lmamvalli, father of S. Syed
Basha, PW-5. lmamvalli was staying with his children and his
wife was away at Quwait and the proximity of stay, as alleged
by the prosecution, gradually developed to an illicit intimacy
between him and the deceased. Twelve days prior to the
                                                                     H
    518     SUPREME COURT REPORTS                 (2013] 2 S.C.R.


A incident, the deceased was found in the company of lmamvalli
  in an auto-rickshaw by the accused, who dragged him out from
  the auto-rickshaw and assaulted him. The accused took the
  deceased to the house and warned her. The differences
  between the couple grew to bitterness which resulted in severe
B quarrels during nights. On 16.10.2000, there was a quarrel and,
  as the prosecution version proceeds, the accused had
  expressed his agony and anger before Pavankumar, PW-7, that
  if the deceased did not discontinue her illicit relationship, he
  might be compelled to send her back to her matrimonial home
c or get rid of her.                   ·

       2. As the version of the prosecution has been further
  depicted, on 17.10.2000, about 6.30 a.m., the deceased was
  found dead in the house and the doors were locked from
  outside. PW-1, the landlady, lodged an FIR and a crime was
D registered. During the course of investigation, the lock of the
  room was opened by PW-13, the Investigating Officer, in the
  presence of one Babu Naidu, PW-12, and another. The further
  investigation led to seizure of incriminating material from the
  scene of the offence. Thereafter, inquest was held over the dead
E body of the deceased and it was sent for post mortem. The
  investigating agency examined number of witnesses and after
  completing the investigation, placed the charge-sheet for an
  offence punishable under Section 302 of the Indian Penal Code
  (for short "the IPC") against the accused-husband before the
F competent court which, in turn, committed the matter for trial to
  the Court of Session.

         3. The accused abjured his guilt and pleaded false
    implication and claimed to be tried.
G      4. The prosecution, in order to substantiate the offence as
  alleged against the accused, examined as many as 15
  witnesses, got 29 documents exhibited and 15 material objects
  marked. PWs-1 to 5 and 7 turned hostile and they were cross-
  examined by the prosecution. PW-1 was the landlady who had
H lodged the FIR, Ext.-1, and PWs-2 to 5 and 7 were the
     SOOGURU SUBRAHMANYAM v. STATE OF A.P.                     519
               [DIPAK MISRA, J.]
  neighbours and all of them resiled from their original version.     A
  The learned trial Judge took note of the fact that there was no
  direct evidence to prove the involvement of the accused in the
  crime, but taking note of the series of facts, namely, that the
  death was homicidal and not suicidal; that the deceased was
  in the house of the husband and her dead body was found in          B
  the house; that the house was locked from outside and the
  husband had absconded; that there was no complaint by the
  husband with regard to the death of his wife; that the cross-
  examination of the hostile witnesses would indicate that the
1
  deceased and the accused were staying together and the              c
  incident occurred as per the FIR, Ex. P-1; that the testimony of
  PWs-8 to 10 clearly established that the accused was
  suspecting the character of the deceased and had picked up
  quarrels alleging illicit intimacy with another person; that the
  suggestion on behalf of the accused that there was violent          D
  intercourse on the deceased was found to be false on the base
  of the evidence of PW-11, Dr. Paul Ravi Kumar; that from the
  evidence of PW-1, Dhanalakshmi, it was quite obvious that she
  was aware of the death of Nagamani before she gave the
  report; and that during the investigation, Exs. P-21 and P-22
  were found in the house of the accused and Ex. P-21 which           E
  was disputed to have been written by him was found to be false
  in view of the evidence of PW-15, K. Vani Prasada Rao, the
  hand-writing expert who had clearly stated that the writings in
  Ex. P-21 were that of the accused and that the cumulative effect
  of all the circumstances did go a long way to show that the chain   F
  was complete to establish that it was the accused and the
  accused alone who had committed the crime and none else,
  and, accordingly, convicted him under Section 302 of the IPC
  and sentenced him to suffer rigorous imprisonment for life and
  to pay a fine of Rs.200/- in default, to suffer simple              G
  imprisonment for one month.

     5. On appeal being preferred, the Division Bench of the
 High Court, appreciating the evidence brought on record,
 concurred with the view of the learned trial Judge, regard being     H
    520     SUPREME COURT REPORTS                  [2013] 2 S.C.R.

I\ had to the circumstances which had been taken note of by him,
   especially that the premises was in exclusive possession of the
   accused; that the accused had lived with the deceased during
   that night; that the door was locked from outside; that the
   accused had absconded for a long time and, accordingly, gave
8  the stamp of approval to the judgment of conviction and order
   of sentence of the learned trial Judge. Hence, the present
   appeal by way of special leave by the accused-appellant.

          6. Mr. Ashok Kumar Sharma, learned counsel appearing
    for the appellant, in support of the appeal, has submitted that
C   the trial court as well as the High Court has erroneously come
    to the conclusion that the chain of circumstances have proven
    the guilt of the accused though on a proper scrutiny of the
    evidence, it is perceivable that there are many a missing link
    in the version of the prosecution. The learned counsel would
D   submit that the very presence of the accused on the site and
    the foundation of the prosecution relating to harbouring of
    suspicion by the accused relating to the character of the wife
    are extremely doubtful and cannot, by proper appreciation of
    evidence, be said to have been proven. It is urged by him that
E   the circumstances have been stretched to an unimaginable
    length on the basis of surmises and conjectures ignoring the
    relevant facets of the evidence, more importantly, that there was
    amicable relationship between the husband and wife and the
    same has been clearly borne out in the testimony of PWs 1 to
F   5 and 7. It is his further submission that when the neighbours
    have not supported the case of the prosecution, it was
    absolutely improper on the part of the learned trial Judge to
    ignore the compatible relationship between the accused and
    the deceased and accept the prosecution version of suspicion
G   by the husband on the basis of some sketchy material on
    record to proceed to the ultimate conclusion for finding the
    accused guilty of the offence. That apart, submits the learned
    counsel that no motive has been exhibited to rope the appellant
    in the crime and convict him. The learned counsel would
    emphatically put forth that the High Co~rt has not appositely
H
  . SOOGURU SUBRAHMANYAM v. STATE OF A.P.                     521
              [DIPAK MISRA, J.]
appreciated the evidence brought on record which amounts to          A
failure of the legal obligation cast on the appellate Court and,
therefore, both judgments of the appellate Court as well as of
the trial Court deserve to be annulled and the appellant should
be acquitted of the charge.
                                                                     B
      7. Mr. Shishir Pinaki, learned cou~sel for the State,
resisting the ~foresaid proponements of the learned counsel
for the appellant, would contend that each of the circumstances
has been properly weighed by the learned trial Judge and has
been keenly scrutinized by the High Court and, hence, there is       C
no perversity of approach to nullify the judgment of conviction.
It is canvassed by him that the mere repetition by the
neighbours that the husband and wife lived in an atmosphere
of harmony and compatibility should not be given more
credence than the testimony of the witnesses that there was
suspicion in the mind of the husband, the presence of the            D
husband in the house, his abscondence and absence of
positive plea in the statement recorded under Section 313 of
the Code of Criminal Procedure and the injuries found on the
body of the deceased. The learned counsel would urge with
immense conviction that the suspicion which was at the root of       E
the crime, as the circumstances unfold, shows the ultimate
causation of death in a violent manner by the accused.

      8. To appreciate the rival submissions raised at the bar, it
is obligatory to see the nature of the injuries sustained by the     F
deceased and the opinion of the doctor on the same. PW-11,
Dr. Paul Ravi Kumar, who had conducted the post mortem, has
stated that he had found the following external and internal
injuries on the dead body of the deceased: -

    "External injuries:                                              G

    There is bloody discharge coming out from both the
    nostrils. Tongue tip bluish in colour seen in between the
    upper and lower teeth. Lips blackish in colour.with diffuse
    abrasions over both the lips. Nose bluish discolour tim          H
    522         SUPREME COURT REPORTS                [2013] 2 S.C.R.


A         present over right nostril, ears - bluish black discolour of
          the left pinna.
           1.     An abrasion of 4 x 2 cm over left mandibular margin.
           2.     An abrasion of % x % cm over left upper lid.
B          3.     An abrasion of 2 x % cm over right leg anterior
                  aspect.
           4.     A linear abrasion of 2 x 1/3 cm over dorsum of right
                  foot.
c         Internal iniuries:
          Neck - Hyoid normal, thyroid, cricoid cartligas normal,
          larynx - congested. Trache - Bronchi - normal. Lungs -
          Normal, cut section congested, stomach - normal and they
          are congested. Intestines distended gases, urinary.bladder
D         empty. Uterus - normal. Scalp: A diffuse contusion of 10 x
          8 cm over left occipto-partial region. On reflexion of scalp
          a diffuse hematoma of 8 x 8 cm over left occipto partial
          region present. Skull, bones, base of the skull-normal.
          Meninges - normal, brain - normal size congested. Spine
E         bones of the extremities - normal."
       9. On the basis of the said injuries, he has expressed the
  opinion that the deceased had died of asphyxia as a result of
  smothering and the time of death was 36 to 40 hours prior to
  his examination. The aforesaid injuries and the opinion has
F clearly revealed that the death was homicidal. In examination-
  in-chief, he has deposed that the external injuries mentioned
  by him vide Ex. P-8 are possible when a person places a pillow
  on the face and presses and the result is struggle. In the cross-
  examination, it has been suggested to him that the injuries
G recorded by him could be possibly by participating in violent
  sexual intercourse but the same has been categorically denied.
  Thus, there can be no iota of doubt that the death was homicidal
  and not suicidal and further it was not a case of rape and
    mur~er.
H
   SOOGURU SUBRAHMANYAM v. STATE OF AP.                        523
             [DIPAK MISRA, J.]
      10. Once it is held that the death was homicidal and the        A
injuries were not the result of any violent sexual intercourse, the
circumstances are to be scrutinized to see the complicity of the
accused in the crime.

      11. First, we shall advert to the issue whether the suspicion   B
relating to the illicit relationship by the accused-appellant has
been established. True it is, the neighbours, PWs-1 to 5, who
have turned hostile, have stated that the husband and wife had
an amicable relationship but the version of the other witnesses
project otherwise. From the testimony of PW-8, Triveni, the           C
younger sister of the deceased, it is apparent that on
1.10.2000, the deceased had come to their house at Hindupur
and had told her that the accused was harassing her on the
pretext that she had developed illicit relationship with someone
and was not providing her food. She has deposed that she
advised the deceased that quarrels are common in family life          D
and she should adjust herself and, accordingly, she went back
to her husband. In the cross-examination, nothing has been
elicited to discredit her testimony.

     12. PW-9, P. Gangappa, another relative of the deceased,         E
has deposed about the deceased agonisedly describing
before him the harassment meted out to her by her husband
on the excuse that she had developed illicit intimacy with
someone. There has been absolutely no cross-examination on
this score.                                                           F
     13. In view of the aforesaid, we are disposed to think that
 the accused, for whatever reason, had garnered suspicion
 against the attitude and character of his wife. We may hasten
to add that PW-7, who in his 161 Statement had stated that
the accused has told him about the anguish relating to his wife's     G
character, though has turned hostile, yet the same would not
make any difference to arrive at the conclusion on the basis of
the evidence of PWs-8 and 9 that he had a suspicious mind
as regards the character of his wife.
                                                                      H
    524     SUPREME COURT REPORTS                   [2013] 2 S.C.R.


A         14. Presently, we shall proceed to consider certain other
    circumstances. It has been established on the basis of the
    material on record that the premises had been taken on rent
    by the accused and lmamvalli from the landlady, PW-1. PW-1
    has admitted that she had given the accused !! portion of the
B   house on rental basis. PW-5, son of lmamvalli, has admitted
    that the accused and his wife were residing on rent in the next
    portion of their house. Thus, they were close neighbours. PW-
    1 in her evidence has stated that she was not aware if the
    deceased was alive or not. The learned trial Judge has
c   commented on her conduct which we need not further expatiate.
    The fact remains that she has deposed that when she got up
    in the morning, she found that there was some commotion in
    the portion which she had given on rent and it was informed to
    her that someone had died. It is interesting to note that she has
    admitted the FIR Ex. P-1. In the cross-examination, she has also
0
    admitted that the contents of Ex. P-1 were read over and
    explained to her before she signed it. PW-5 has deposed that
    Nagamani, the deceased, had died about 6.30 a.m., when PW-
    1, the landlady, was shouting. PW-12, N. Babu Naidu, the
    councillor of 26th Ward, has stated that after coming to know
E   about the death of the deceased, he went to her house and
    found it locked and the same was opened after the police came
    and the dead body was found on the ground with a pillow on
    her face. His testimony has gone undented, for nothing has ·
    been put to him in the cross-examination except that he was
F   making efforts to oblige the police. It has come in the evidence
    of PW-13, the Investigating Officer, that the lock was broke
    open in the presence of the witnesses and the dead body was
    found in the room. He has spoken about the seizure of Ex. P-
    21, the writing of the accused on a book. In the cross-
G   examination, apart from a singular question relating to the
    Inquest Report, nothing has been asked.

      15. At this juncture, it is apt to note that PW-1, in the cross-
  examination, has stated that she had gone to Sai Baba Bhajan.
H The said aspect has not been believed by the learned trial
     SOOGURU SUBRAHMANYAM v. STATE OF A.P.                     525
               [DIPAK MISRA, J.]
Judge and we are inclined to think correctly. On the contrary,        A
the circumstances have clearly established that she was in her
house. The evidence on record clearly shows that there was a
commotion in the morning, she had lodged the FIR, the police
arrived and found the house locked from outside and it was
broke open in the presence of the witnesses. It is worthwhile         B
to note that the accused did not take the plea of alibi. On the
contrary, the factum of abscondence has been proven. Under
these circumstances, the cumulative effect is that the husband
was present in the house when the death of the wife occurred.
The suggestion of rape and murder which has been put in the           c
form of violent sexual act has been found to be untrue on the
basis of medical evidence and there is no reason to differ with
the said finding. The husband has not come with any
explanation where he was on the fateful night and how the door
was locked. As has been stated earlier, he had absconded for          0
long. He has not taken any step to report the unnatural death
of his wife. From the aforesaid aspects, the circumstanees
soundly establish that the deceased was with the accused
during the night, there was a locking of the door from outside
which could not have been done by anyone else except him and          E
further he absconded from the scene of the crime and did not
report to the police. Thus, the irresistible and inescapable
conclusion is that the accused was the culprit in committing the
murder of his wife.

      16. Now, we may deal with the submission that the               F
prosecution has not been able to prove any motive for the
commission of the crime because the suspicion on the part of
the husband has not been established. We have already
recorded an affirmative finding on that score. However, we may,
in this context, profitably refer to the pronouncement in Nathuni     G
Yadav and Others v. State of Bihar and Another 1 wherein a
two-Judge Bench has laid down thus: -

      "17. Motive for doing a criminal act is generally a difficult
1.   (1998) 9 sec 238.                                                H
      526        SUPREME COURT REPORTS                 [2013) 2 S.C.R.


  A         area for prosecution. One cannot normally see into the
            mind of another. Motive is the emotion which impels a man
            to do a particular act. Such impelling cause need not
            necessarily be proportionally grave to do grave crimes.
            Many a murders have been committed without any known
 B          or prominent motive. It is quite possible that the aforesaid
            impelling factor would remain undiscoverable. Lord Chief
            Justice Champbell struck a note of caution in R. v.
            Pa/mer2 thus:
                    "But if there be any motive which can be assigned,
 c                  I am bound to tell you that the adequacy of that
                    motive is of little importance. We know, from
                    experience of criminal courts that atrocious crimes
                    of this sort have been committed from very slight
                    motives; not merely from malice and revenge, but
 D                  to gain a small pecuniary advantage, and to drive
                    off for a time pressing difficulties."
            Though, it is a sound proposition that every criminal act is
            done with a motive, it is unsound to suggest that no such
 E          criminal act can be presumed unless motive is proved.
            After all, motive is a psychological phenomenon. Mere fact
            that prosecution failed to translate that mental disposition
            of the accused into evidence does not mean that no such
            mental condition existed in the mind of the assailant."
 F       17. In the said case, it was also observed that in some
   cases, it may not be difficult to establish motive through direct
   evidence, while in some other cases, inferences from
   circumstances may help in discerning the mental propensity of
   the person concerned. In the case at hand, as is noticed, there
IG is material on record which suggests that there was some ire
   that had swelled up in the mind of the accused to extinguish
   the life spark of the wife.


 H    2.   Shorthand Report at p. 308 CCC May 1856.
      SOOGURU SUBRAHMANYAM v. STATE OF A.P.                      527
                [DIPAK MISRA, J.]
       18. It is to be borne in mind that suspicion pertaining to        A
 fidelity has immense potentiality to commit irreversible wrongs
 as it corrupts the mind and corrodes the sense of rational
 thinking and further allows liberty to the mind to pave the path
 of evil. In fact, it brings in baseness. It quite often impures mind,
 takes it to the devil's den and leads one to do unjust acts than        B
 just deeds. In any case, it does not give licence to commit
 murder. Thus, the submission pertaining to the absence of
 motive has no substance.
       19. In view of the aforesaid analysis, we conclude and hold
· that all the links in the chain of evidence are established beyond C
  reasonable doubt and the established circumstances are
  consistent with the singular hypothesis that the accused is guilty
  of the crime and it is totally inconsistent with his innocence. We
  have said so on the basis of the pronouncements in Sharad
  Birdhichand Sarda v. State of Maharashtra 3, Padala Veera D
  Reddy v. State of Andhra Pradesh and Ors. 4, Ba/winder Singh
  v. State of Punjab 5, Harischandra Ladaku Thange v. State of
  Maharashtra5 and Jagroop Singh v. State of Punjab 7 •
     ·20. Consequently, the appeal, being sans substratum,               E
 stands dismissed.
 R.P.                                           Appeal dismissed.




 3.   AIR 1984 SC 1622.
 4.   AIR 1990 SC 79.
 5.   AIR 1996 SC 607.
 6. AIR 2007 SC 2957.
 7.   AIR 2012 SC 2600.