SOOGURU SUBRAHMANYAM versus STATE OF A.P.

Citation: [2013] 2 S.C.R. 514 · Decided: 04-04-2013 · Supreme Court of India · Bench: K.S. RADHAKRISHNAN · Disposal: Dismissed

Judgment (excerpt)

A 
B 
[2013] 2 S.C.R. 514 
SOOGURU SUBRAHMANYAM 
v. 
STATE OF A.P. 
(Criminal Appeal No. 164 of 2008) . 
APRIL 04, 2013 
[K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.] 
PENAL CODE, 1860: 
c 
s.302 - Murder - Cir::;utnstantial evidence - Husband 
suspecting fidelity of wife - Dead body of wife found in the 
premises in exclusive possession of the couple - Death 
caused by smothering - Husband absconded after the 
incident - Held: All the links in the chain of evidence are 
0 
established beyond reasonable doubt and the established 
circumstances are consistent with the singular hypothesis that 
the accused is guilty of the crime and it is totally inconsistent 
with his innocence - Conviction and sentence as awarded by 
trial court and affirmed by High Court, upheld - Evidence -
E Circumstantial evidence - Criminal law - Motive. 
The appellant was prosecuted for the murder of his 
wife. The prosecution case was that the appellant 
suspected the character of his wife. In the morning of 
17.10.2000, the wife of the appellant was found dead in 
F their house. The appellant was absconding. The medical 
evidence established that it was a case of homicidal 
death and not of suicide as the deceased had died due 
to smothering. The trial court convicted the appellant ul 
s 302 IPC and sentenced him to imprisonment for life. The 
G High Court affirmed the conviction and sentence. 
Dismissing the appeal, the Court' 
HELD: 1.1 The deceased had died of asphyxia as a 
H 
514 
SOOGURU SUBRAHMANYAM v. STATE OF A.P. 
515 
result of smothering. The injuries and the opinion has 
A 
clearly revealed that the death was homicidal. There can 
be no iota of doubt that the death was homicidal and not 
suicidal and further it was not a case of rape and murder. 
[para 9) [522-F-H] 
1.2 From the testimony of PW-8, the younger sister 
B 
of the deceased and PW-9, another relative of the 
deceased, it is evidence that the accused, for whatever 
reason, had garnered suspicion against the attitude and 
character of his wife. Further, PW-7, who in his 161 
Statement had stated that the accused has told him about C 
the anguish relating to his wife's character, though has 
turned hostile, yet the same would not make any 
difference to arrive at the conclusion on the basis of the 
evidence of PWs-8 and 9 that he had a suspicious mind 
as regards the character of his wife. [para 11-13) [523-C-
D 
E, F-H] 
1.3 It has been established on the basis of the material 
on record that the premises had been taken on rent by 
the accused and he was residing with his wife in the said 
premises. From the evidence of PW-1, the land lady and 
her son (PW-5), it is evident that the deceased had died 
about 6.30 a.m., The evidence of PW-12, the Councillor, 
and PW-13, the Investigating Officer, established that after 
breaking open the lock the dead body was found in the 
room. [para 14) [524-A-B, D-E, F-G] 
E 
F 
1.4 It is worthwhile to note that the accused did not 
take the plea of alibi. On the contrary, the factum of 
abscondence 
has 
been 
proven. 
Under these 
circumstances, the cumulative effect is that the husband 
was present in the house when the death of the wife G 
occurred. The circumstances soundly establish that the 
deceased was with the accused during the night, there was 
a locking of the door from outside which could not have 
been done by anyone else except him and further he 
absconded from the scene of the crime and did not report 
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516 
SUPREME COURT REPORTS 
[2013] 2 S.C.R. 
A to the police. Thus, the irresistible and inescapable 
conclusion is thatthe accused was the culprit in committing 
the murder of his wife. [para 15] [525-B-C, 0-E] 
1.5 In the case at hand, there is material on record 
which suggests that there was some ire that had swelled 
B up in the mind of the accused to extinguish the life spark 
of the wife. It is to be borne in mind that suspicion 
pertaining to fidelity has immense potentiality to commit 
irreversible wrongs as it corrupts the mind and corrodes 
the sense of rational thinking and further allows liberty 
C to the mind to pave the path of evil. [para 17 and 18] [526-
D 
G; 527-A-B] 
. 
Nathuni Yadav and Others v. State of Bihar and Another 
1996 (10) Suppl. SCR 905 = (1998) 9 SCC 238 • referred 
to. 
1.6 Therefore, this Court holds that all the links in the 
chain of evidence are established beyond reasonable 
doubt and the established circumstances are consistent 
with the singular hypothesis that the accused is gu

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