Chennai: Almost two years after the Madras High Court overturned a trial court's death penalty on seven individuals and life terms for two others in the sensational Dr Subbiah murder case, the Supreme Court termed it a 'grave error' and restored the conviction of all nine accused. However, since the Tamil Nadu government did not press for the death penalty, the Supreme Court imposed life imprisonment on seven assailants and allowed the two aged parents of the prime suspects to seek pardon from the Tamil Nadu governor within two months.
Background of the Case
Dr Subbiah, a reputed doctor in Chennai, was hacked to death while entering his car near Billroth Hospitals on September 14, 2013, over a land dispute in Kanyakumari. The murder, which shook the state, was captured on CCTV cameras in the vicinity. In 2021, a trial court found all nine accused guilty, imposing the death penalty on seven, including prime suspect brothers Basil and Boris, while their parents, Ponnuswamy and Mary Pushpam, were awarded life imprisonment.
High Court's Acquittal and Supreme Court's Response
In June 2024, the Madras High Court set aside the conviction entirely and acquitted all accused, faulting the trial court for adopting a 'callous approach by ignoring settled principles of law' and pointing to 'serious lapses' in the investigation. The Supreme Court bench, comprising Justice M M Sundresh and Justice Satish Chandra Sharma, strongly criticized the High Court's decision, stating that it proceeded to lay down general statements of law regarding conspiracy being hatched in secrecy and not heard by third persons. The bench remarked, 'It went to the extent of calling it an 'insult to the criminal justice system' if it is believed that the conspiracy was discussed in the presence of eyewitnesses. We are a little taken back with the sweeping nature of the remarks made in the impugned judgment.'
Evidence and Motive
The Supreme Court highlighted that there was ample evidence on record to show the motive of the accused persons, and it is trite law that motive assumes significance in a case based on substantive evidence. The bench quoted Rabindranath Tagore's words: 'The greed of gain has no time or limit to its capaciousness. Its one object is to produce and consume. It has pity neither for beautiful nature nor for living human beings. It is ruthlessly ready without a moment's hesitation to crush beauty and life.'
Punishment and Pardon
Regarding the punishment, the Supreme Court noted that the state had already stated that capital punishment is not pressed for in this matter. Thus, all convicts are sentenced to undergo imprisonment for life along with fines imposed by the trial court. For the aged parents, Ponnuswami and Mary Pushpam, the court observed that they played a very limited role, acting largely in accordance with the directions of their sons, Basil and Boris. The bench stated, 'Parents love their children irrespective of their age and continue to support them even when no one else does. In the advanced years, they fail to question or resist their actions out of affection and emotional dependence, believing it as their duty to protect and support them in all circumstances.' Considering these mitigating circumstances, the court allowed them to file an application for pardon before the Governor of Tamil Nadu within two months, expressing hope that the constitutional authority would consider it taking note of the relevant circumstances.
