GOVINDASAMI versus STATE OF TAMIL NADU

Citation: [1998] 2 S.C.R. 1135 · Decided: 22-04-1998 · Supreme Court of India · Bench: M.K. MUKHERJEE · Disposal: Dismissed

Judgment (excerpt)

GOVINDASAMI 
A 
v. 
STATE OF TAMIL NADU 
APRIL 22, 1998 
[M.K. MUKHERJEE AND S.S. MOHAMMED QUADRI, JJ.] 
B 
Indian Penal Code, 1860 : 
S.302-Accused committing murder of his uncle and four other members 
of his family-Circumstantial evidence-Discarded by trail court-Accused C 
acquitted-High Court reversed the-acquittal-Convicted the accused-
Found the circumstances leading to guilt of accused proved-Circumstances 
indicating absence of sudden provocation-Pre-meditated crime-Attack on 
victims while they were asleep-Nature and manner in which crime was 
committed found to be gruesome, heinous, atrocious and cold-blooded D 
murder-Imposition of death sentence on accused by High Court-Upheld-
Record does not indicate any extenuating or mitigating circumstances in 
favour of accused-.£vidence-Circumstantial evidence-Sentence-
Jmposition of death sentence. 
The accused-appellant was prosecuted for committing murder of his E 
uncle (Dl), aunt, their two sons and a daughter. The prosecution case was 
that at about 7 A.M. on 30.5.1984 when P.W.2 reached the house ofD-1 in 
order to fetch milk, she found all the five victims lying dead with bleeding 
injuries. She informed her husband (P.W. 3) who gave a report to the Village 
Administrative Officer (P. W. 7) and stated that he suspected the accused and F 
his younger brother to have committed the murders as there was a land 
dispute between them and D-1. PW 7 submitted the report at the Police 
Station. The Circle Inspector of Police (PW 26) went to the place of 
occurrence and sent the dead bodies for post mortem examination. He seized 
some articles from the spot including a wrist watch. Later, PW 27, an 
Inspector of Police arrested the accused and seized a blood'stained 'lungi' G 
(M.O. 10), and a promissory note (M.O. 20) from his person. On the statement 
of the accused, PW 27, also recovered from the house of PW 14, a cycle and 
a gunny bag containing a torch and an 'aruvaI', a sharp cutting instrument. 
The 'aruval' and lungi were sent for chemical examination. 
The prosecution, in order to establish the guilt of the accused, relied H 
1135 
1136 
SUPREME COURT REPORTS 
[1998] 2 S.C.R. 
A upon four circumstances, namely: (i) the accused had a motive to commit 
the crime as he had a boundary dispute with D-1 and two days prior to the 
incident he had a quarrel with D-1 and his son; in the course of the said 
quarrel D-1 beat him and coerced him to sign a promissory note: (ii) the 
write watch recovered from the scene of crime belonged to the accused: (iii) 
B the accused, at the time of his arrest, was wearing the blood stained 'lungi' 
and had a promissory note (M.O. 20) with him: and (iv) recovery of'aruvar 
pursuant to the statement of the accused, and the 'aruVlll' was found to be 
stained with human blood of Group B which was the blood group of some of 
the deceased. The trial court acquitted the accused holding that none of the 
circumstances stood proved. But the High Court held the said circumstances 
C were proved and unerringly pointed to the guilt of the accused; and it 
convicted the accused and sentenced him to death. Aggrieved, the accused 
filed the present appeal. 
lt was contended for the appellant that the view taken by the trial court 
of the evidence was a reasonable one and the High Court should not have · 
D interfered with it. It was also contended that even if the appellant was found 
guilty, the case did not fall in the category of 'rarest of rare cases', and the 
mere fact that the appellant committed five murders could not be a ground 
for imposition of death sentence. 
E 
F 
Dismissing the appeal, this Court 
HELD: 1.1. The circumstances relied on by the prosecution, each of 
which unerringly points towards the guilt of the appellant, taken cumulatively, 
are consistant only with the hypothesis of the guilt of the appellant and 
wholly inconsistent with his innocence, therefore, the conviction recorded by 
the High Court is correct. [1144-C] 
2. The High Court did not base its decision to impose the penalty of 
death solely on the fact that 5 persons were murdered, it also took into 
consideration the other attending circumstances relating to murders. The 
High Court held that the incident did not take place on account of any sudden 
provocation but it was a pre-meditated one; all the five victims were attacked 
G while they were sleeping and there was no scope or chance for them to face 
the attack; there was no mental derangement of the 

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