1988 (4) TMI 431 - SC - Indian Laws

Supreme Court affirms convictions for murder, robbery, and house trespass, commutes death sentence to life imprisonment

The Supreme Court upheld the convictions of Laxmi Raj Shetty for murder, robbery, and house trespass, along with Shivaram Shetty for harboring the ... - Issues Involved:1. Conviction u/s 302 IPC for murder.2. Conviction u/s 392 IPC for robbery.3. Conviction u/s 449 IPC for house trespass.4. Conviction u/s 212 IPC for harboring the offender.5. Conviction u/s 411 IPC for dishonestly receiving stolen property.6. Credibility of witness PW 18.7. Admissibility of newspaper reports as evidence.8. Recovery of stolen money.Summary:1. Conviction u/s 302 IPC for murder:Appellant No. 1, Laxmi Raj Shetty, was sentenced to death for the murder of the deceased P.N. Gnanasambandam, Acting Manager of the Karnataka Bank, Main Branch, Madras. The prosecution established that the deceased was last seen alive by PW 18 Smt. Kanaka around 9 p.m. on May 20, 1983. The evidence showed that the accused had the opportunity to commit the crime and was seen leaving the Bank premises with stolen money.2. Conviction u/s 392 IPC for robbery:Laxmi Raj Shetty was also convicted for robbing Rs. 13,97,900 from the Bank's strong room. The prosecution established that the accused had knowledge of the strong room's double locking system and the cash balance, which facilitated the robbery. The recovery of Rs. 12,32,000 bearing the Bank seal from the accused further corroborated the robbery charge.3. Conviction u/s 449 IPC for house trespass:The accused was found guilty of house trespass with the intent to commit robbery and murder. The evidence showed that he had entered the Bank premises after hours, committed the murder, and robbed the strong room.4. Conviction u/s 212 IPC for harboring the offender:Appellant No. 2, Shivaram Shetty, was convicted for harboring his son, Laxmi Raj Shetty, knowing that he had committed the murder and robbery. The prosecution proved that Shivaram Shetty retained possession of Rs. 12,27,500 knowing it to be stolen.5. Conviction u/s 411 IPC for dishonestly receiving stolen property:Shivaram Shetty was also convicted for dishonestly retaining Rs. 12,27,500 knowing it to be stolen. The recovery of the stolen amount from his possession was a key piece of evidence.6. Credibility of witness PW 18:The Court found PW 18 Smt. Kanaka to be a credible witness. Her testimony that she saw the accused leaving the Bank premises on the night of the crime was corroborated by other evidence, including the purchase of a suitcase and skybag from Burma Bazar and the accused's stay at Hotel Chola Sheraton.7. Admissibility of newspaper reports as evidence:The Court held that newspaper reports are hearsay and inadmissible as evidence unless the reporters are examined in Court. The defense failed to produce the reporters to substantiate the news items claiming the recovery of stolen money from Mangalore.8. Recovery of stolen money:The prosecution established the recovery of Rs. 4,500 from Laxmi Raj Shetty and Rs. 12,27,500 from Shivaram Shetty at Madras. The Court dismissed the defense's argument based on newspaper reports and the testimony of PW 9 Govindaraj, affirming the credibility of the recovery evidence.Conclusion:The Supreme Court upheld the convictions and sentences passed by the Additional Sessions Judge and affirmed by the High Court, with a modification commuting the death sentence of Laxmi Raj Shetty to life imprisonment due to the absence of premeditation and the use of makeshift weapons. The appeal was dismissed, and the sentences were ordered to run concurrently.