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Saravana Bhavan owner P Rajagopal guilty of murdering his employee in 2001 [Full Report]

Supreme Court: The 3-judge bench of NV Ramana, MM Shantanagoudar and Indira Banerjee, JJ has upheld the conviction and sentence of life imposed upon Saravana Bhavan Owner P Rajagopal by the Madras High Court for the abduction and murder of his employee Santhakumar.

Factual Background

Circumstantial evidence

The prosecution mainly relied upon three circumstances to prove the guilt of the accused, i.e. motive, the last seen circumstance and the recovery of the dead body at the instance of the accused.  An additional link in the chain of circumstances is the non­explanation by the accused about the last seen circumstance in their statement recorded under Section 313 of the Cr.P.C.

Noticing that there is no direct evidence in this matter and the whole case rests on circumstantial evidence, the Court said that the evidence of PWs 1 and 2 with regard to the motive for commission of the offence, the last seen circumstance and recovery as well as the identification of the dead body is consistent with the case of the prosecution.   The Court also took note of the fact that one of accused made a confession based on which, recoveries of a wallet containing a photograph of PW1, gold chain etc were effected from his house.

Ruling

Stating that the prosecution has fully proved that Rajagopal had murdered Santhakumar by strangulating him and thereafter throwing the dead body at Tiger­Chola, the Court said:

“It is worth recalling that while it is necessary that proof beyond reasonable doubt should be adduced in all criminal cases, it is not necessary that such proof should be perfect, and someone who is guilty cannot get away with impunity only because the truth may develop some infirmity when projected through human processes.”

The Court, hence, concluded that the chain of circumstances is complete and points solely at the guilt of Rajagopal.

[Pattu Rajan v. State of Tamil Nadu, 2019 SCC OnLine SC 444, decided on 29.03.2019]

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