Advocates:
['PUBLIC PROSECUTOR', 'M MOHAMED SAIFULLA', '', 'V PARTHIBAN', 'M MARIRAJ', 'K SAKTHIVEL']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON

17.06.2021

PRONOUNCED ON :

28.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH

and

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN

R.T.No.2 of 2020 and Crl.A.No.40 of 2021

R.T.No.2 of 2020:

M. Dhamodaran @ Prakash

...Appellant/Petitioner

S/o.Murugesan

Vs

State by

The Inspector of Police

Shankar Nagar Police Station

St. Thomas Mount

Chennai

(Cr. No.2753 of 2017)

...Respondent/ Complainant

Crl.A.No.40 of 2021:

Dhamodaran @ Prakash

...Appellant/Accused

vs.

State by

The Inspector of Police

Shankar Nagar Police Station

St. Thomas Mount

Chennai

(Cr. No.2753 of 2017)

...Respondent/Complainant

R.T.No. 2 of 2020:

Referred Trial under Section 366 Cr.P.C. on the judgment and

order dated 11.03.2020 passed in Sessions Case No.92 of 2018 on

the file of the Sessions Court (Mahila Court), Chengalpattu.

Crl.A.No.40 of 2021:

Criminal Appeal filed under Section 374(2) Cr.P.C. seeking

to set aside the judgment and order of conviction and sentence

dated 11.03.2020 passed in Sessions Case No.92 of 2018 on the

file of the Sessions Court (Mahila Court), Chengalpattu.

https://hcservices.ecourts.gov.in/hcservices/

For accused/appellant

Mr. V. Parthiban &

Mr. M. Mohamed Saifulla

For State

Mr. Hasan Mohamed Jinnah

State Public Prosecutor

C O M M O N J U D G M E N T

P.N.PRAKASH, J.

Referred trial (R.T.) No.2 of 2020 is a reference made by

the Sessions Court (Mahila Court), Chengalpattu (for brevity

“the trial Court”) under Section 366 Cr.P.C., for confirmation

of the death sentence awarded to the appellant in S.C.No.92 of

2018 vide judgment and order dated 11.03.2020. Crl.A.No.40 of

2021 is an appeal under Section 374(2) Cr.P.C. filed by the

accused challenging his conviction and sentence in the aforesaid

Sessions Case.

2

This is a sordid case of a parricide, in which, four

persons of a family have lost their lives.

2.1

The appellant, viz., Dhamodaran @ Prakash, born to late

Murugesan and Saraswathi (D.1), was residing in Door No.5, Flat

No.28, A-3, Ranganathan Flats, Nandanar Street, Pammal, Chennai.

He is a graduate in Economics. He married Deepa (D.2) sometime

in 2010 and was blessed with two children, viz.,

Roshan (D.3) and Meenakshi (D.4).

2.2

The appellant's father established a business in the

name and style of “Prakash Cloth Stores” in Pammal area in 2006.

The appellant was initially reluctant to join his father's

business, but, at the instance of his mother, Saraswathi (D.1),

he continued the business, after his father's death in 2014.

2.3

On account of sudden demonetization of currency notes by the

Central Government in 2016, the appellant's business slumped

badly, as he was neither able to repay his debts nor realise

them. The appellant had borrowed monies from banks and other

merchants and was not able to repay them, because of fall in his

business. The appellant wanted to leave the business and take

up employment, but, his mother Saraswathi (D.1) was not

agreeable to this idea and she exhorted him to continue the

business. As the debts started mounting, the appellant fell into

a sort of frustration and resolved to commit suicide.

https://hcservices.ecourts.gov.in/hcservices/

2.4

It is alleged that between 05.00 a.m. and 05.30 a.m. on

12.12.2017, the appellant took a kitchen knife (M.O.1) and

bludgeoned his wife Deepa (D.2) in her neck. On hearing the

sound, when the appellant's mother Saraswathi (D.1) came, he

stabbed her in her neck and thereafter, stabbed his two children

(D.3) and D.4).

2.5

After that, the appellant telephoned his brother-in-

law, Kumaravel @ Raja (P.W.2) and merely told him in Tamil

"v';fis kd;dpj;JtpL ,uh$h/ v';fshy; thH Koatpy;iy/ eh';fs; vy;nyhUk;

brj;JtpLfpnwhk;/ " (Raja, please forgive us. As we are not able to

live, we are all going to die). So saying, he disconnected the

telephone call and when Kumaravel (P.W.2) tried calling him, he

did not attend the ca