Case Note & Summary
The present criminal appeals arose from the murder of Dr. Subbiah, a reputed doctor at Billroth Hospital, Raja Annamalaipuram, Chennai. On 14.09.2013, at about 5:00 PM, as the doctor left the hospital and approached his car, he was attacked by three men—A8, A9, and PW12 (later turned approver)—with a sickle, sustaining multiple severe injuries. He was immediately treated at Billroth Hospital, Annamalaipuram, and later shifted to the hospital's Aminjikarai branch, where he succumbed to his injuries on 23.09.2013 at about 1:00 AM. The initial FIR, registered under Section 307 of the Indian Penal Code, was converted to Section 302 IPC after his death. Investigation revealed a protracted land dispute over a 2-acre parcel in Anjugramam Village, Kanyakumari District, between the deceased and the family of accused A1. The deceased had filed multiple criminal complaints, including one before the Land Grabbing Cell, leading to a criminal case against A1 and A2. The accused were aggrieved by the deceased's efforts to cancel their anticipatory bail and his persistence in the land matter. In early July 2013, a conspiracy was formed among A3, A5, A6, A7, and A10 (the approver) to eliminate the deceased. A1 and A2 later joined, offering 50% of the property value upon success. In late July 2013, during a second meeting on the disputed land, land brokers PW4 and PW5 were told by A5 that the doctor would be eliminated, and all accused nodded in approval. A1 and A3 transferred money to A5, and A7 supplied details, photographs, and car information of the deceased to the assailants—A8, A9, and PW12. On 11.08.2013, the assailants traveled to Chennai for reconnaissance. On 12.09.2013, A7 gave them Rs. 10,000 each to purchase a second-hand Pulsar bike, which was sent to Chennai and repaired on the day of the murder. On 14.09.2013, the assailants checked out of Aruna Lodge, reached the hospital by 4:00 PM, and after confirming the doctor's whereabouts with his secretary PW34, waited near his car. When the doctor arrived at 5:07 PM, A8 and A9 attacked him indiscriminately while PW12 kept watch. PW1, the deceased's brother-in-law, lodged a complaint at E4-Abiramapuram Police Station, and PW57 registered FIR No. 1352/2013 under Section 307 IPC. The investigating officer collected bloodstained earth, prepared the observation memo and rough sketch, and seized CCTV hard discs from a nearby apartment and a company. Later, on the basis of further investigation, arrests were made, and recoveries included a bloodstained knife, a shirt, and a shoulder bag. Call detail records were collected, and a Test Identification Parade was conducted. After completing investigation, a final report was filed under Sections 120-B, 109, 341, 302 read with 34 IPC against A1 to A9. The trial court examined 57 prosecution witnesses, marked 173 exhibits and 42 material objects, and also recorded three defence witnesses and seven defence exhibits. The Trial Court convicted all accused and sentenced A1, A3, A4, A5, A7, A8, and A9 to death under Section 302 IPC, referring the sentences for confirmation to the High Court. The accused appealed. The High Court of Judicature at Madras, by common judgment dated 14.06.2024 in R.T. No. 2/2021 and connected criminal appeals, reversed the convictions and acquitted all respondents. The State of Tamil Nadu then approached the Supreme Court by filing Criminal Appeal Nos. 2493–2502 of 2025 and 2503–2512 of 2025. The Supreme Court's judgment, authored by Satish Chandra Sharma J., commences with a recitation of the facts and the procedural history.
Issue of Consideration
CRIMINAL APPEAL NO(S). 2493-2502 OF 2025
