Thursday, April 21, 2011

Navarasu murder case: SC restored life term

Navarasu murder case: SC restored life term for accused 

J. Venkatesan

High Court had acquitted John David Life sentence to run concurrently

New Delhi: The Supreme Court on Wednesday restored the sentence of life imprisonment awarded to John David for the gruesome murder of Navarasu, son of former Vice-Chancellor of the University of Madras, K. Ponnuswamy, in the Annamalai University hostel in 1996.

A Bench of Justice Dalveer Bhandari and Justice Mukundakam Sharma while restoring the trial court's verdict set aside the Madras High Court judgment acquitting John David.

Though the trial court had held that the life sentence on two counts would run consecutively, the Bench modified it and said the life sentence would run concurrently.

The prosecution case was that Navarasu, a first year MBBS student of Muthaiah Medical College, Annamalai University, Chidambaram, was found missing from the hostel on November 6, 1996. The next day, the torso of his mutilated body was found on the outskirts of Chennai.

The prosecution said that John David, a hostel mate of Navarasu, committed the murder pursuant to a ragging incident.

The present SLP by the State was directed against the High Court judgment.

Writing the judgment Justice Sharma said, "There are enough circumstantial evidence to hold that it is none else but the accused who could have caused the concealment of torso and limbs, because it was the accused who had severed the head of deceased Navarasu and, therefore, he must have been in possession of the torso and limbs, which were subsequently recovered and were proved to be that of deceased Navarasu."

On John David's contention that an order of acquittal should not be interfered with, the Bench said, "If the lower court's decision is based on erroneous views and against the settled position of law, then such an order of acquittal should be set aside."

The Bench said, "It is well-settled proposition of law that the recovery of crime objects on the basis of information given by the accused provides a link in the chain of circumstances. Also, failure to explain one of the circumstances would not be fatal for the prosecution case and cumulative effect of all the circumstances is to be seen in such cases."

The Bench said, "In our considered opinion, prosecution has established its case on the basis of strong and cogent circumstantial evidence and that on the basis of the circumstances proved, there cannot be any other possible or plausible view favouring the accused. The view taken by the High Court is totally erroneous and the outcome of misreading and misinterpreting the evidence on record we are of the considered view that the High Court erred in reversing the order of conviction recorded by the trial court as the prosecution has established its case. Accordingly, we set aside the judgment and the order of the High Court and restore the judgment and decision of the trial court, but only with one rider that the sentence awarded shall run concurrently and not consecutively as ordered by the trial court. In the result, the appeal is allowed, bail bond of the respondent is cancelled and the respondent is directed to surrender before the jail authorities immediately, failing which the concerned authorities are directed to proceed in accordance with law."

© Copyright 2000 - 2009 The Hindu

Courtesy_

Also read the related stories

HC acquits accused in Navarasu murder

Oct 6, 2001, 12.21am IST

Chennai: The Madras High Court on Friday set aside an order of a trial court convicting and sentencing one john David, a Medical College student, to Life Imprisonment in the sensational Navarasu murder case. 

Navarasu, also a medico and son of former Madras University Vice-Chancellor Ponnaiyan, was murdered allegedly by David in a sequel to a ragging incident at Rajah Muthiah Medical College in Chidambaram in 1996. 

The bench, comprising R Balasubramaniam and V Baktavatsalu, set aside the order of a Cuddalore sessions court, and held that the accused should be released forthwith. 

The fine amount, if any, paid by the accused should be refunded, it added. 

The bench held that the circumstantial evidence produced by the prosecution was not sufficient and satisfactory to prove beyond reasonable doubt that the accused committed the offence. 

Many crucial links were missing in the chain of circumstantial evidence. It was doubtful that the accused took the deceased into the room, assaulted him and when he became unconscious, had severed his head and limbs and parcelled it in two suitcases and had thrown the skull into a canal and carried the torso to Chennai. It was highly impossible that the above acts of severing and cutting the body could have been done in his room without being noticed by any other inmate of the hostel, the bench added.

Courtesy_

Also read the related stories

Life sentence for ragging murder

ENS & Agencies  

Thursday, March 12, 1998

CUDDALORE, MARCH 11: Cuddalore District Sessions Judge Justice S R Singaravelu today sentenced John David, a second-year medical student of Chidambaram Annamalai University, to a double life imprisonment for murdering Pon Navarasu, a junior student, in a `diabolic manner'.

The judgment was delivered in a packed court room at 11.30 am. The Judge sentenced David to life imprisonment for murder, a separate life sentence for abduction, seven years' RI and a fine of Rs 1 lakh for trying to destroy evidence and another year for wrongful confinement. He made it clear that all the sentences would run consecutively and not concurrently.

The Judge said, if the accused failed to pay the fine, he would have to further undergo 21 months' of RI.

That the punishments would be undergone ``consecutively'' and not ``concurrently'' is considered a significant judgment in legal circles. Before delivering the judgment, Justice Singaravelu asked David if he wanted to say anything. David burst into tears and claimed he wasinnocent. However, he expressed his readiness to accept the verdict. His parents were also present.

Special Public Prosecutor M S Kandasamy argued that no leniency should be shown as the crime was heinous and diabolic. He added, as David was 19 years and four months old at the time of the well-planned murder, there should not be any mitigation of the sentence on grounds of age. According to the judgment, ``Although it was primitive and gruesome in nature, due consideration was given for this unfortunate youth who had not only entangled himself in this heinous crime due to his egoism but also made his parents undergo eternal agony.''

Significantly, there were no direct evidences for the offenses. There were no eye witnesses either. But the proof was available by linking the chains of circumstantial evidences, says the judgment. The murder was described as ``hair-raising to the entire society, extremely brutal and diabolic''.

Seventy-eight witnesses were cross-examined in the case and 120 documents wereused for corroborative evidence for the judgment that had 143 pages. The case proceedings began on September 1, 1997 and came to an end last Wednesday.

The victim, son of former Madras University Vice-Chancellor Dr P K Ponnusamy and a first-year student of the Rajah Muthiah Medical College in Annamalai University, was murdered on November 6, 1996. John David, who indulged in ragging in the hostel campus, was angered over the fresher, Navarasu, for not obliging him and assaulted him in his hostel room. When Navarasu fell unconscious, David decapitated him and severed his limbs. He dumped the head, packed in a rexine bag, in a slushy pond located in the University campus.

He packed the torso and the limbs in suitcases and boarded a train to Chennai. He disposed off the limbs near a river bed and the suitcase containing the torso in a city bus in Chennai. Prof Ponnusamy filed a complaint with the Annamalai Nagar police on November 10. Meanwhile, on November 7, a male torso was found in a sack abandoned in atown bus on route No 21-G. Even as a hunt was on for the killer, David surrendered in Rajamannarkudi magistrate court on November 11 and the court permitted his interrogation in custody. On November 18, David made a confessional statement and later took the policemen to places where he had disposed of parts of Navarasu's body.

The Government of Tamil Nadu clamped a ban on ragging in educational institutions and passed a special enactment providing imprisonment to those who indulged in ragging and also for institution heads who failed to act on ragging complaints.

AWARDS RECOMMENDED: Police officials and constables who investigated the case have been recommended for the Chief Minister's award, district Superintendent of Police C Shailendra Babu said on Wednesday.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.

Courtesy_


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