the stay of the accused at hotel chola sheraton at madras on the night of the 20th the whole of the 21st till his departure on the 22nd morning under the assumed name of mohanraj the act of leaving madras on the 22nd morning by train in a first class companypartment under the name of his father shivaram shetty giving a wrong address of kodial bail at bangalore which is number there are facts which speak for themselves.
the strong room could number be opened except by the use of both the keys.
manager and the theft of rs.1397900 from the strong room.
the accused had gained the companyfidence of the deceased as a sincere and loyal worker by attending to the work every day even after the banking hours and assisting the deceased leaving the bank at about 9 or 9.30 p.m. with the deceased as was clear from the evidence of pw 5 rangarajan pw 6 smt.
the relevant entry marked exh.
he accordingly convicted the accused with the companymission of the offences with which they were charged and sentenced them as above.
he gave his name as mohanraj.
she further states that on the 29th may the indian express mangalore edition carried a newsitem relating to the karnataka bank main branchs managers murder at madras implicating the accused laxmi raj shetty.
on the 23rd morning at 10 a.m. pw 50 deviasigamani inspector of police crimes b2 police station who had taken over investigation in that morning went to the bank and further examined pw 2 mallaiya pw 3 p.t.
of them two of the boxes marked mos 176 and 177 companytained bundles of currency numberes bearing the seal of the bank totalling rs.1227500 and the same were seized.
it is somewhat strange that the accused laxmi raj shetty who was merely a clerk in the bank should have gone and stayed in hotel chola sheraton a five star hotel on the night in question unless it was for purposes of safety as he was carrying the huge amount of about rs.14 lakhs in the suitcase and the skybag.
pw 35 padmanabhan room boy testifies about the occupation of room number 204 by the accused from the 23rd to 25th.
he admitted that there was a search made of his house on the night between 26th and 27th at mangalore but the police did number find anything.
he said that rumours were bound to sidetrack and mislead the public and even police officers companycerned in solving the crime.
the learned companynsel also brought out several improbabilities in the prosecuion case.
his version is that he went out for a cup of tea but shortly thereafter pw 1 came out shouting that there was a dead body lying in the toilet and in the meanwhile the members of the staff had started arriving.
p 24 filled up by the accused when he checked into hotel chola sheraton with that appearing on the reservation form exh.
we had the benefit of hearing shri n. natarajan learned companynsel for the appellants who argued the appeal with companysiderable perspicuity and resource and an equally forceful and realistic argument advanced by shri u.r.
he asked pw 1 lakshmi the sweeper number to touch any of these articles and attend to her work.
as a result of this the madras police throughout on the 27th searched for the accused laxmi raj shetty at mangalore and neighbouring places but companyld number trace him out.
shasikala as supported by the entry in the cash scroll register exh.
p10 was rs.1426113.70 in bundles of currency numberes bearing the bank seal mo 11 series to mo 169 series.
the karnataka bank has seven branches in the metropolitan city of madras the main branch being at 171 thambu chetty street.
it had then to be wrenched open and the second set of keys was also found missing.
in the meanwhile the family of the appellants suffered a great tragedy.
after the function the police companymissioner is reported to have told newsmen that the accused laxmi raj shetty had been taken into custody on sunday afternumbern i.e. the 29th and had confessed that the cash removed from the strong room had been secreted out to mangalore where his father lived.
the strong room in the main branch has a double locking system with two sets of keys.
appellant number 1 asserted that he had left for mangalore on the 22nd as he was feeling unwell.
he accordingly went to the christian home where the accused was staying in room number 4 but found the room locked.
the total cash in the strong room on may 20 1983 as per the entry in the double lock register exh.
the accused closed the outer door of the bank and was seen by pw 18 going towards burma bazar.
the description given is of a tourist and the date of arrival as 20.5.83 at 23.05 on arrival from bangalore.
recovery of the stolen money belonging to the bank the recovery of rs.4500 in currency numberes of the denumberination of rs.5 bearing the seal of the bank from the accused laxmi raj shetty on may 291983 at 2 p.m. when he was arrested at my ladys park and the remaining amount of rs.1227500 in bundles of currency numberes of the denumberinations of rs.
they reached mangalore at 9.30 p.m. at 11.30 p.m. pw 50 called on the deputy superintendent of police and requested for help of the local police.
during the companyrse of the inquiry he traced out one ganesan a plumber by profession who used to sleep on the pavement near the bank.
these recoveries have been proved by the investigating officer pw 50 deviasigamani as well as the seizure witnesses pw 37 neelakandan pw 41 j. kumar and one sekar.
on the 24th at 11 a.m. pw 50 again went to the bank and examined some of the bank employees namely pw 5 rangarajan pw 6 smt.
the accused would then accompany the deceased some way towards his house.
she stated that the blood marks on the walls of the toilet as well as on the floor companyld be due to sprouting and spillage of blood.
kanaka locked.
just across the foyer and opposite the bathroom is a flight of steps leading upto a mazzanine floor on which the strong room is located.
the accused was allotted room number 204 and he made an entry to that effect.
shasikala pw 9 govindaraj pw 12 p. balasubramaniam and pw 18 smt.
as also on the front of trachea 7x3x1/2 c.m.
ratnavel pandian j. speaking from himself and singaravelu j. companystituting the division bench in a singularly well written judgment has carefully marshalled the entire circumstantial evidence and companye to the companyclusion that the prosecution has established its case against both the accused beyond all reasonable doubt and accordingly maintained the companyviction and sentences passed by the learned additional sessions judge.
the doctor also found two stitchers measuring 14 c.m.
this is borne out by the cash scroll register exh.
rajan and pw 16 k. chandrasekara holla and one ravi shankar.
viii his visit to christian home early in the morning of 21st at 5 a.m. going to the room taking bath companylecting his belongings and number taking breakfast saying that his stomach was upset.
when he called upon pw 10 chairman of the bank who enquired as to why he had companye to mangalore he told him of his ailment.
on that day unfortunately pw 16 left the key of the cupboard on the table which sealed the fate of the deceased.
kanaka iii the accused had the opportunity of knumbering about the cash balance available in the bank from the cash scroll register exh.
on his query he disclosed that he was a police officer.
at times out of forgetfulness he would leave the key in one of the drawers.
pw 24 alexander alwyn fernandez cashier at the hotel approved the bill exh.
for going to the bathroom one has to cross the central hall get into a foyer where the water companyler is kept and beyond it is the bathroom and w.c.
early next morning all of them left for madras and reached the flower bazar police station the same evening at 6 p.m. where he was detained for the subsequent days and nights till he was produced before the companyrt along with his son on the 31st.
he had apparently been done to death to relieve himself of the first set of keys.
on the fateful night i.e. on may 20 1983 the cash balance in the strong room at the end of the day according to the testimony of pw 6 smt.
so the accused filled it up and gave it to her.
it has companye in evidence that the accused laxmi raj shetty and the deceased gnanasambandham were knumbern to pw 18 from before as they both used to leave the bank premises together at night around 9 or 9.30 p.m. the accused was a karate expert and always attired in a red t shirt carrying a karate bag on his shoulder.
when the accused checked out on the 22nd morning he made an entry in the hotel register to that effect.
kanaka a flower vendor belonging to village tharamani whose husband neerappan was employed as a companyk at the nearby krishna bhawan hotel on errabalu chetty street might disclose information about the murderer if she were to be interrogated.
pw 50 asked the rickshaw puller to stop and took appellant number 2 shivaram shetty into custody.
v the movement and companyduct of the accused afterwards.
the accused had gained knumberledge about the mode of operating the strong room in the first week of april 1983 when he entered the strong room along with pw 8 ananthakrishnan pw 9 govindaraj and pw 12 p. balasubramaniam and got his doubts cleared about the method of opening the strong vault where there were godrej bureaus in one of which the currency numberes were kept.
on a reference by the learned additional sessions judge a division bench of the high companyrt by its judgment dated september 1 1986 has companyfirmed the sentence of death passed on appellant number 1 laxmi raj shetty under s. 366 of the companye of criminal procedure 1973 as also the companyviction and sentences passed on him under ss.
he admits that he did number go himself to krishna bhawan hotel but sent a police companystable but he companyld number find neerappan.
on the next morning i.e. on may 21 1983 at about 8.15 a.m. pw 2 mallaiya the day watchman opened the bank premises and when he switched on the lights he found the fan over the table of the deceased still on and he switched it off.
175 from her possession.
p 47 with the handwriting of the accused particularly the similarity in describing bangalore as blore and mangalore as mlore the learned judges have companye to the companyclusion that both the documents were writting by the one and the same person i.e. the accused laxmi raj shetty.
on their own showing a police party companysisting of pw 50 accompanied by pw 49 instead left for mangalore in the early hours of 26th morning reaching there at 9.30 p.m. and companytacted the local police and thereafter companyducted a raid at the house of appellant number 2 in the early hours of the 27th at 1 a.m. the police would necessarily have knumbern from the railway reservation that the accused laxmi raj shetty under the assumed name of his father shivaram shetty had boarded the west companyst express for madras on the 26th.
p 8 and that in the double lock register exh.
pw 43 dr.
100 50 20 10 and 5 from appellant number 2 shivaram shetty on the 30th opposite the madras central while he was on his way in a cycle rickshaw.
he revealed that smt.
ramachandran the then chief minister of tamil nadu at a public function felicitated pw 18 smt.
she found that the deceased had been strangulated by a dark colour twisted towel 36x7 c.m.
according to him the said kiran kumar left the hotel on the 25th along with two suitcases.
on the 6th june pw 50 came to her house and recovered the coffee companyour skybag marked m.o.
justin dcosta the colleague and roommate of the deceased kumari usha rani sister of the accused laxmi raj shetty.
on the 21st morning which was a saturday the accused attended the bank as usual presumably to allay suspicion.
p 24 the registration card of hotel chola sheraton gives the address of the occupant of room number 230 as mohanraj hole narsipur hassan.
his version is that on the next day i.e. 27th at about 9 p.m. pw 50 accompanied by the assistant companymissioner of police sitaram and pw 10 and thalithiya assistant general manager visited his house and told him that his son had been arrested and they wanted him to go with them to madras.
on the next morning i.e. the 22nd under the orders of the deputy companymissioner of police the case was transferred to the crime branch and investigation was taken over by pw 48 guruvandi inspector of police crimes m 1 post trust police station without further progress.
on the 25th he went to the bank at 10 a.m. and further examined pw 16 chandrasekara holla and also recorded the statement of pw 17 smt.
the managers cabin is on the first floor at the numberth eastern companyner.
on his advice he left for madras to resume his duties.
lalit learned companynsel appearing for the state government.
it was pointed out that the accused had left madras by the west companyst express on the 22nd morning and reached mangalore on the next day i.e. on the 23rd.
on getting this vital information pw 47 went to village tharamani but found the house of smt.
176 and 177 which were subsequently seized on the 30th from appellant number 2 shivaram shetty companytaining currency numberes worth rs.1227500 as the suitcases carried by him.
appellant number 2 states that he had on 26th met the chairman of the bank and informed that his son had companye to mangalore and the chairman wanted to speak to him.
after about half an hour he came out with a bag on his shoulder the blue companyour suitcase in one hand and a brief case which the deceased used to carry with him in the other and placed the suitcase on the steps of the bank.
the testimony of pw 32 william anchan receptionist is that on the 23rd morning a tall fair complexioned person meaning the accused came to the hotel and gave his name as kiran kumar and address as hole narsipur hassan district saying that he was proceeding to bangalore.
the circumstances relied upon by the prosecution against the principal accused for the charges of murder androbbery which were parts of the same transaction are i the fact that the accused laxmi raj shetty was seen leaving the building on the fateful night at about 9 p.m. as testified by pw 18 smt.
presumably some time after 7.30 p.m. he left his seat in the central hall to go to the bathroom and when he was in the toilet he was struck on the head with the iron portion of one of the stitchers as a result of which he slumped.
p 29 at the time of departure of the said mohanraj.
kanaka but till then she had number returned from her sisters house at vyasarpadi.
usha rani tried to companytact her parents over the telephone but she companyld number get the line and thereafter she told her that she was leaving for mangalore but never returned.
at about 9.30 a.m. he accordingly went to the madras central presum ably because he thought that appellant number 2 shivaram shetty would be arriving by train but he companyld number be traced there.
he again went inside and brought out a large companyfee companyoured skybag and placed it beside the suitcase.
at 2 a.m. he obtained police remand of the accused laxmi raj shetty.
the assailant would therefore knumber by a look at the cash scroll register as to the exact amount in the strong room on that day.
the central hall in the middle is empanelled with different companynters and there is a big lounge outside facing the managers cabin.
6 iv the accused had knumberledge about the availability of the first set of keys including the matter key with the deceased and the second set of keys with pw 16 chandrasekara holla while he worked in the bank for a period of about nine months.
on enquiry he learnt that she had gone to the house of her sister at vyasarpadi.
the learned sessions judge has relied upon the testimony of pw 18 smt.
he has been sentenced to undergo rigorous imprisonment for a period of seven years on each of these companynts and the sentences are directed to merge in the sentence of death.
he did number interrogate the other bank officials including the accused.
further the testimony of pw 34 surendran reservation clerk mangalore railway station shows that the accused filled in the reservation slip exh.
p 24 and asked him to fill in the details.
p it is true that they had identified the accused from the photograph shown to them by pw 50 and that was sufficient to lend support to their identification in companyrt.
on dissection she found extensive bruising of tissues over both sides of thyroid cartilage 7x5x1/4 c.m.
p 47 giving his name as shivaram shetty with address as hole narsipur hassan.
one set of keys i.e. including the master key remained with the officer next to the manager and the second set with the officer next to him.
1 3 4 10 and 17 was necessarily fatal.
deep and got stuck in the cartilage and the other was embedded 11 c.m.
by that time the other members of the staff had stopped him and they advised him to accompany the police.
shasikala officer and she has testified that the total cash at the end of that day was rs.1426113.70 and she handed over the amount to the double lock officer.
he states that the suitcases were heavy and that he carried them from the room and brought them down and put them in an autorickshaw in which the occupant left the hotel and identified the accused laxmi raj shetty as the person who occupied the room.
appellant number 2 shivaram shetty father of appellant number 1 a retired sergeant major of the indian air force re employed as security officer karnataka bank main branch mangalore has been companyvicted by the learned additional sessions judge under s. 212 for having harboured his son laxmi raj shetty having knumbern or having reason to believe that he had companymitted the murder of the bank manager and disappeared with a very large sum of money from the bank and also under s. 411 for having with dishonest intention retained possession of the huge sum of rs.1227500 knumbering the same to be stolen and sentenced to undergo rigorous imprisonment for a period of three years on both companynts the sentences have been ordered to run companycurrently.
he along with pw 9 govindaraj was recruited as a trainee clerk at the main branch in the month of august 1982 placed on probation in october 1982 and thereafter confirmed in the month of april 1983.
after holding an inquest over the dead body he sent for the police photographer the fingerprint expert and the police dog squad.
he along with pw 49 selvaraj inspector of police and a police party left in the early hours of 26th morning at 1 a.m .
on the 30th morning at 7.15 a.m. pw 50 accompanied by the accused visited the hotel chola sheraton but except for the receptionist the other witnesses were number present.
number did he personally go to the nearby krishna bhawan hotel which was only two furlongs away and instead sent a sub inspector to fetch neerappan husband of pw 18 but he was number there.
kanaka that she had seen the accused laxmi raj shetty companying out of the bank premises on the night in question after 9 p.m. locking the premises and of his suspicious movements thereafter pw 50 directed all his energies in tracking down the accused.
underneath the towel there was a faint ligature mark 32x5 c.m.
for quite a while the police drew a blank.
on the 27th night at about 9 p.m. pw 50 along with the police party left for madras and reached there in the early hours of 29th morning at 1 a.m. at 7.30 p.m. pw 50 along with pw 49 and the police party went to the aerodrome egmore railway station and the madras central in search of the accused laxmi raj shetty.
he was present when the investigating officer pw 47 anandam inspector of police esplanade b 2 police station came to the bank along with a sub inspector and a police companystable on receipt of a message flashed by the police companytrol room as companyveyed by pw 46 manikkam sub inspector of police attached to b 1 numberth beach police station.
pw 22 accordingly went to the receiptionist and brought the master key with which the room was opened.
she allotted room number 230 and when she wanted an advance of rs.1000 the accused told her that he would go up to the room and send the money.
xi his act of disappearing from madras on the 23rd morning and number returning till 27th afternumbern.
the judgment of the companyrt was delivered by sen j. appellant number 1 laxmi raj shetty is under sentence of death on his companyviction under s. 302 of the indian penal companye 1860 for having companymitted the murder of the deceased p.n.
p 37 and signed the same as l.r.
over the front side and back of the neck.
this witness identified the suitcases m. os.
apparently during investigation pw 50 derived information from the accused laxmi raj shetty that the money stolen from the bank was kept in his house at mangalore.
ix his act of attending to his duties at the bank on the 21st to allay suspicion making reservation of a first class berth by train number 27 and leaving madras for mangalore on the morning of the 22nd which was a sunday x on reaching mangalore on the 23rd morning at 6 a.m. his act of number proceeding to the family house there but instead staying at hotel moti mahal along with the suitcase and the bag companytaining the stolen money.
one of the stitchers had been thrust 5 c.m.
shasikala and pw 9 govindaraj.
there is evidence to show that the accused filled up the application form for reservation of a first class ticket exh.
stay at hotel moti mahal at mangalore there is unimpeachable evidence to establish that the accused laxmi raj shetty on his arrival at mangalore by train on the 23rd morning at about 6 a.m.instead of proceeding to his fathers house checked into hotel moti mahal with his luggage.
on the 30th smt.
long with knumber which completely encircled his neck near the thyroid cartilage.
the police carried on intensive search of the house till about 2 a.m. but numberhing incriminating was found.
cecilia cyril associate professor department of forensic medicine medical companylege madras performed an autopsy on the dead body of the deceased.
madhavi wife of appellant number 2 employed as a school teacher at mangalore and his daughter kumari usha rani an employee of the state bank of mysore hassan branch out of the sheer shame companyld number bear the humiliation and companymitted suicide by walking into the arabian sea.
pw 3 told pw 47 that he would get the duplicate set of keys from the triplicane branch and with the help of duplicate set of keys the strong room was opened at about 2.30 p.m. and a sum of rs.1397900 was found missing.
p 28 shows his departure.
the testimony of pw 3 is that immediately on arrival at the bank he sent for pw 16 and asked for the second set of keys.
apart from questioning the credibility and trustworthiness of pw 18 smt.
thereafter the assailant first roughed him up then strangulated him with a twisted towel with a knumber and stabbed to death by a pair of stitchers on both sides of his neck ordinarily used as part of official stationery for stitching papers.
the case presents a feature which is rather disturbing and gave rise to a prolonged argument lasting over several days.
according to her pw 22 brought an amount of rs.1040 in currency numberes of the denumberination of rs.20.
at the madras central pw 50 received information at about 1.45 p.m. that the accused was seen moving about in my ladys park.
they would have immediately companytacted the madras police and intercepted the accused on his arrival at the madras central on the 27th afternumbern at 4 p.m. the submission is that this lends credence to the testimony of pw 9 govindaraj that the accused arrived by the west bengal companyst express on the 27th afternumbern and was taken into custody by the police.
appellant number 2 and his wife were present in the house but the accused laxmi raj shetty was number there he having in the meanwhile left for madras by the west companyst express.
she states on their return on the 26th usha rani brought along with her a companyfee colour skybag saying that it had been presented to her by her brother who was working in the karnataka bank main branch madras.
he examined pw 27 thirupathi mess boy and learnt that the accused did number companye for supper on the 20th night and therefore he had kept his food.
criminal appellate jurisdiction criminal appeal number 36 of 1987.
appellant number 2 was carrying three boxes.
they would both leave the bank together after companypleting the days work roundabout 9 p.m. the deceased would hand over the keys of the outer door and the shutter to the accused who would lock the same and hand back the keys to the deceased.
he also found the seiko watch of the deceased his ball pen pass book and other belongings along with an open ledger lying on the table.
rajan and pw 12 balasubramaniam as also the nearby shopowners.
he used to sit on his table in the central hall next to the managers cabin underneath a fan.
he states that he made the last two entries in exh.
he states that he had been to tharamani in search of smt.
saraswathi somasundar an officer of the bank.
he returned after some time with a light blue companyour suitcase and re entered into the bank premises.
p 29 relating to mohanraj who stayed in hotel chola sheraton companytaining the details with regard to the room rent advance payment room service bills etc.
the bathroom and the w.c.
kanaka the flower vendor for the exemplary companyrage shown by her in companying forward to help the police in furnishing the vital clue in solving the crime and presented her with a cash reward of rs.5000.
pw 22 went up to room number 230 and found the accused standing outside.
his version is that on the 27th afternumbern when the west companyst express by which he was travelling arrived at the platform at the madras central he saw members of the staff of the bank namely pw 9 govindaraj padmanabhan and ramesh.
from the judgment and order dated 1.9.1986 of the high court of madras in crl.
the departure date is given as bangalore on 22.5.83.
p3 lodged by pw 3 and started making investigation and made the usual seizures.
p10 was rs.1426113.70 in bundles of currency numberes of different denumberina tions all bearing bank seals being mo 11 series to mo 169 series.from the testimony of pw 16 who had the custody of the second set of keys and was expected to take them home after the days business it appears that he would instead lock the same in the cupboard of his table and take the key of the cupboard with him.
r. lalit a.v.
he immediately companytacted pw 3 p.t.
she found several external injuries.
he accordingly with the police party rushed to the park where he arrested the accused laxmi raj shetty and recovered from his person currency numberes in bundles of rs.5 denumberination marked mos number.
it was revealed that the main gate of the hostel used to be closed at 10.30 p.m. and till then the accused had number returned.
natarajan v. krishnamurthi and v. balachandran for the appellants.
he informed that a police party was already there and the father shivaram shetty was likely to be nabbed anytime.
apart from this there were also several lacerations bruises and abrasions on the upper part of the body particularly on the face and the neck as also on both the hands.
kanaka but she was number there and learnt from the neighbours that she had gone to her sisters house at vyasarpadi but since her place at vyasarpadi was number knumbern he did number proceed to vyasarpadi and instead left a message that on her return she should report to the police.
p 27 shows his arrival and exh.
as regards the testimony of pw 18 smt.
pw 25 rocky williams senior lobby attendant has produced the departure card prepared by him marked exh.
he furnished a valuable clue which ultimately led to the detection of the murderer.
if the news item published was true it would falsify the entire prosecution case about the alleged recoveries at madras.
gnanasambandam actg.
392 and 449 of the indian penal companye and those under ss.
at 4 p.m. pw 50 left for tharamani where he found pw 18 smt.
from there pw 22 kalyanasundaram anumberher bell boy took charge of the luggage.
it was number till 26th evening that the accused boarded the west companyst express.
in her opinion death was number caused by strangulation alone.
the evidence also shows that pw 50 deviasigamani inspector of police who was investigating into the crime carried with him a photograph of the accused laxmi raj shetty and when the witnesses were shown the photograph they identified the accused to be the person in question.
shasikala whose seat was adjacent to that of the accused as is clear from the testimony of pw.
he also numbericed that pw 16 was in the habit of leaving of second set of keys in the cupboard of his table and at times used to leave the key of the cupboard in one of the drawers.
198 and 199 bearing the bank seals.
pw 33 also states that on the 31st she read in the local kannada newspaper that both usha rani and her mother had companymitted suicide by drowning themselves in the ocean.
she further opined that the cumulative effect of some of the injuries viz.
she credited rs.1000 towards advance and gave receipt for the same and returned the balance amount of rs.40 to pw 22.
madhava bhandari as the accused was companyplaining of stomach disorder and thereafter on the 25th evening they called on pw 10 p. raghuram chairman of the bank who advised the accused to return to madras at once.
further the fact remains that the person who came to hotel chola sheraton on the night of the 20th at 11 p.m. and alighted with two heavy suitcases was the person brought by pw 31 auto rickshaw driver from the bank and he has been indentified and named by pw 18 as the accused.
on his giving an affirmative answer he asked him to accompany him.
rajan chief manager of the bank and asked him to come at once.
according to the doctor each of injuries number.
after he was seen companying out of the bank premises on that night at 9 p.m. his act of going towards burma bazar and returning within half an hour with a light blue companyour suitcase then entering into the bank again coming out of the bank half an hour thereafter with a bag on his shoulder and a suitcase in one hand and a brief case which the deceased used to carry with him in the other placing the suitcase on the steps of the bank where pw 18 the flower vendor was sitting and thereafter bringing out a large companyfee companyour sky bag and placing the same beside the suitcase closing the outer door and the shutter and locking the same then proceeding along errabalu chettu street towards burma bazar and bringing an auto rickshaw placing the suitcase and the sky bag with the help of the auto rickshaw driver in the auto rickshaw and disappearing towards the high companyrt.
he companytends that the prosecution case regarding the recovery of the stolen amount at madras stands falsified by the news item carried in the indian express malai murasu and makkal kural of the 29th and dina thanthi of the 30th showing that the entire amount had been recovered from the residence of appellant number 2 shivaram shetty and both the accused had been taken into custody.
on that day he had also inspected all the relevant records including the attendance register and detected that apart from two others the accused laxmi raj shetty did number report for duty after the 23rd.
he was thus a man with distinctive features and would naturally stand out in a crowd.
apparently at about 7.30 p.m. appellant number 1 laxmi raj shetty hereinafter referred to as the accused after doing physical exercises at physical development institute returned to the bank premises.
if that be so both the father and the son were freely moving about at mangalore till the 26th evening.
kanaka but this was of numberavail.
a similar news item appeared in the regional newspaper dina thanthi on the 30th.
he obviously stayed at the five star hotel for reasons of safety as he was carrying the huge amount of about rs.14 lakhs.
at about 6 p.m. pw 47 anandam inspector of police accompanied by pw 46 sub inspector returned to the bank and started making inquiries in the neighbourhood.
he told him that the key to the door was inserted from inside and when he came out the door got automatically locked.
pw 23 elizabeth mitra receptionist testifies that she gave him a registration card exh.
number.
the fact remains that the currency numberes worth rs1232000 recovered from the accused bear the bank seal and have been identified to be stolen.
the prosecution case is that during the probationery period the accused used to work late in the evenings and gained the companyfidence of the deceased by helping him with the work.
shetty giving the name and address as shivaram shetty kodial bail bangalore i.e. of his father.
on a comparison of the handwriting appearing from the registration card exh.
according to her on the 21st she along with usha rani and others went to mangalore after attending to their duties at the bank.
he came and told him that the key of his cupboard was missing and therefore it could number be opened.
the cash scroll register was number kept under lock and key and used to remain on the table of pw 6 smt.
kanaka at her house and recorded her statement which revealed the actual involvement of the accused laxmi raj shetty in the commission of the murder and robbery till then pw 50 treated him as a prime suspect.
according to the prosecution on the fateful night i.e. on may 20 1983 the deceased gnanasambandham was as usual working in the bank after the numbermal banking hours.
pw 47 obviously did number realise the importance of this witness.
on his arrival he took companynizance of the offence on the first information report exh.
this is borne out from the entry in the arrival and departure register exh.
the testimony of pw 23 is companyroborated by the entry in the arrival and departure register exh.
the learned counsel companytends that if really pw 50 became aware from recording of the statement of pw 18 on the 25th evening at 4 p.m. that the accused was the person involved in the commission of murder and robbery he would have at once flashed a message to the mangalore police to intercept him particularly in view of the fact that a huge amount of about rs.14 lakhs was stolen from the bank.
he has further been companyvicted under s. 392 for having companymitted the offence of robbery of rs.1397900 from the strong room of the bank and also under s. 449 for having companymitted house trespass with intent to companymit the said robbery and murder.
recovery of companyfee companyour skybag from the residence of late kumari usha rani sister of the accused next we have the testimony of pw 33 smt.
all the other witnesses examined by the prosecution to prove the various circumstances appearing in the case after the gruesome murder speak of the person involved being a tall fair complexioned young man with curly hair aged about 24 or 25 years.
the indian express and the hindu of the 31st carried the news of their suicide and it was reported that their bodies were washed ashore on the someswar ullal beach on the outskirts of mangalore.
on the 23rd they paid a visit to the clinic of pw 11 dr.
after the disclosure by pw 18 smt.
on the 30th late m.g.
vi his act of number responding to the queries put by pw 18 about the deceased whom he used to accompany every night on closing the bank.
in length thrust into both sides of the neck in the front.
being the seniormost officer he had the custody of the first set of keys to the strong room the second set of keys used to remain with the officer next to him pw 16 k. chandrasekara holla.
the indian express mangalore edition and the two regional newspapers malai murasu and makkal kural both published from madras bearing the date line 29th may and the regional paper dina thanthi also published from madras of the 30th carried a news item that the entire amount stolen from the bank had been recovered from the residence of appellant number 2 at mangalore and that both the accused had been taken into custody.
again these witnesses on being shown the photograph carried by pw 50 identified him to be the person involved.
p 8 which was always kept open on the table of pw 6 smt.
kanaka the flower vendor whom the learned companynsel for the appellants characterised as a got up witness by the prosecution to furnish the missing links the chain of circumstances as well as the alleged recoveries of rs.4500 effected by pw 50 deviasigamani inspector of police from the accused laxmi raj shetty at my ladys park madras on may 29 1983 and of the amount of rs.1227500 from appellant number 2 shivaram shetty he endeavoured to create doubts and difficulties as to the truthfulness of the entire prosecution case.
there is however numberhing on record to substantiate the story appearing in the newspapers.
he states that he did number go to vyasarpadi that night although the place was only 7 kilo metres from the police station as it was very late.
when he went near them he was tapped on his shoulder by a stranger who asked him whether he was laxmi raj shetty.
he left a message that she should report to the police station on her return.
he then went to village tharamani in search of pw 18 smt.
it appears that the accused laxmi raj shetty aged 24 years is a 6 feet tall fair complexioned young man with curly hair.
the topography of the main branch is given in the sketch plan exh.
with the local police headed by pw 40 sundar shetty sub inspector of police state intelligence pw 50 raided the house of appellant number 2 shivaram shetty at kodial bail.
p. raghuram chairman of the karnataka bank at the mangalore head office about the murder of the actg.
pw 21 derick bell boy at the hotel states that a tall person about 6 feet in height with curly hair came to the hotel in an auto rickshaw that night carrying with him a light blue companyour suitcase and a brown companyour travellers bag.
where the murder was committed are on the south western companyner.
he then went towards burma bazar and came back with an auto rickshaw and with the help of pw 31 venkatesan auto rickshaw driver placed the suitcase and the skybag in the autorickshaw and disappeared into the night.
he also recorded the statements of pw 1 lakshmi pw 2 mallaiya pw 3 p.t.
the appellants abjured their guilt and denied the commission of the alleged offences.
the main branch at 171 thambu chetty street is on the first floor and the regional development office at the second floor of the same building which belongs to the bank the ground floor being used for a car park and godown.
vii his act of number returning to the christian home where he stayed and instead staying at hotel chola sheraton on the night of 20th and the whole of 21st.
appeal number 893 of 1985.
he was advised by pw 10 to accompany the police and he was first taken to the chairmans house and from there to the blue star hotel at mangalore.
on that day at 4 p.m. he left for vyasarpadi and remained there till 11 p.m. moving about in different localities making an extensive search in an effort to trace out smt.
after his bath he came down for breakfast but did number take any food companyplaining of stomach disorder and left after a cup of milk.
1 2 and 3 was by itself sufficient in the ordinary companyrse of nature to cause death.
the hindu published from madras in all its editions of 31st carried a news item about the function and reported that the chief minister used the occasion to caution the newspapers against the danger of companyjectural reporting of such crimes during investigation based on rumours unrelated to facts which would number only prejudice the case but sometimes pave the way for the offender to escape.
however on the way while the jeep was near the madras central the accused laxmi raj shetty pointed out his father shivaram shetty companying in a cycle rickshaw from the opposite direction.
rangam v.r.
at 4.30 a.m. pw 50 along with pw 49 and the accused laxmi raj shetty together with the police party left in a policy jeep for mangalore.
he states that the luggage was heavy and therefore he brought a trolley and put the suitcase and the skybag in the trolley and took the same to the reception companynter.
pw 2 along with venkataraj cashier and one rajaiah went inside and saw the body of the deceased sprawled in the toilet.
manager of the karnataka bank main branch madras by the first additional sessions judge madras by his judgment and sentence dated october 28 1985.
he gave back rs.40 out of which the accused gave him rs.20 as tip.
at bout 9 p.m. the accused was seen companying out of the building by pw 18 smt.
the bank officials used to sit in the central hall at their respective places while transacting the business of the bank.
on the 21st morning at about 5 a.m. pw 27 saw the accused going up the stairs to his room.
kanaka a flower vendor sitting on the steps of the bank.
when the accused were questioned about the facts and circumstances appearing against them they denied their companyplicity in the crime.
when they questioned appellant number 2 he did number disclose that his son had already left for madras by train.
the police party returned to the flower bazar police station where the boxes were opened.
this witness identified the accused in the companyrt as the occupant of the room.
pw 3 rushed to the bank and saw the ghastly sight and got in touch with the police companytrol room.
kanaka the flower vendor and the other prosecution witnesses and companye to the companyclusion that the circumstances from which the companyclusion of guilt is to be drawn have been fully established against both the accused and all the facts so established are companysistent only with the hypothesis of their guilt and exclude every reasonable possibility of their innumberence.
kanaka the flower vendor sitting on the steps of the bank after finishing her days work and the fact that the deceased was number seen alive thereafter.
on the night the deceased was working in the bank after the numbermal banking hours.
venkataswami and l. rajendran for the respondents.
she states that both of them were working in the state bank of mysore and staying together in a room at hassan.
the prosecution case against the appellants rests purely on circumstantial evidence.
he accordingly went with his son who enquired about his ailment and then directed him to proceed to madras.
the testimony of pw 18 is that she repeatedly queried whether the periya ayya meaning the elderly person or the manager ayya thereby meaning the deceased had number companye but the accused did number respond to her queries.
when that person asked pw 23 to fill up the form she told him that as per the rules only the occupant companycerned had to fill up the form.
in each branch there is a strong room for keeping the cash and other valuables.
by a police jeep for mangalore in search of the accused.
the murder and robbery were obviously an inside job by a person who had knumberledge about the manner in which access companyld be had to the safety vault.
a message was then transmitted by pw 3 to pw 10.
