CHENNAI: The Supreme Court on Tuesday awarded life sentence to nine convicts in the 2013 murder of Chennai-based neurologist Dr Subbaiah, setting aside a Madras High Court order acquitting them.
A Bench headed by Justice MM Sundresh held that the High Court had committed a serious error in acquitting the convicts without properly examining the trial court verdict. The court directed all convicts, except Ponnusamy and Mary Pushpam, to surrender immediately.
Dr Subbaiah, a retired neurologist from the Government General Hospital in Chennai was hacked to death by a hired gang in broad daylight at Raja Annamalaipuram on September 9, 2013. The murder was linked to a dispute over 2.25 acres of land worth Rs 10 crore at Anjugramam in Kanniyakumari district. After his retirement, Dr Subbaiah had worked with a private hospital at Abiramapuram in Raja Annamalaipuram.
The Chennai sessions court had earlier convicted nine persons in the case — Ponnusamy, Mary Pushpam, Williams, Yesurajan, Boris, Dr James Satheesh Kumar, Selva Prakash, Murugan and Basil.
The trial court had awarded the death sentence to Ponnusamy, Basil, Williams, Dr James Satheesh Kumar, Boris, Murugan and Selva Prakash, while it sentenced Mary Pushpam and Yesurajan to double life imprisonment. One of the accused, Ayyappan, turned approver and became a prosecution witness.
The convicts challenged the trial court verdict before the Madras High Court, which held that the charges against the nine accused had not been sufficiently proved and set aside their sentences and acquitted them.
Subsequently, the Tamil Nadu government and Dr Subbaiah’s wife moved the Supreme Court, which then reserved the high court verdict.
On Tuesday, the Supreme Court held that the high court was wrong to set aside the trial court order. The Bench said that though it would not impose the maximum punishment in the case, the convicts cannot escape punishment.
Considering the advanced age of Ponnusamy and Mary Pushpam, the court directed them to file a petition with the Tamil Nadu Governor, seeking remission of their sentences. It said their life sentences would remain suspended until the Governor made a decision.