The Madras High Court has recommended to the state government the provision of ‘A’ class facilities in jails, Tirunelveli-based doctor J James Sathish Kumar facing death sentence, confirmed by the High Court for death by a trial court. imposed under. Neurosurgeon SD Subbaiah was murdered by a gang outside a private hospital in Raja Annamalaipuram, Chennai on September 14, 2013.
A division bench of Justice PN Prakash and Justice AA Nakkiran made the recommendation keeping in view his profession. It was his lawyer R. John agreed with Satyan that no provision under the Tamil Nadu Jail Rules of 1983 shall preclude a court from recommending ‘A’ category facilities to a convict having regard to his education, social status and standard of living.
The judges also noted that the August 4, 2021 judgment by Sessions Judge S Alli awarding death sentence to seven of the nine convicts in the murder case was sent to them for confirmation under section 366 (no death sentence executed). unless it is confirmed by the High Court) Code of Criminal Procedure and the referred trial was still pending for adjudication along with the appeals filed by the convicts.
According to the prosecution, Dr. Subbaiah, who retired from government service in May 2013 and served in private hospitals, had filed a land grab complaint against P. Ponnusamy of Anjugramam in Kanniyakumari district in respect of his 2.25 acres of land in the village. . , Therefore, Ponnusamy, his wife P. Mary Pushpam and their sons P. Basil (a lawyer) and P. Boris decided to kill Dr. Subbaiah to enjoy the property.
Tulsi’s lawyer friend B. William and his henchman H. Yesurajan also joined the conspiracy. He approached the present petitioner, Kumar, who was a government doctor based in Tirunelveli district but was also involved in the real estate and finance business. Stating that the market value of the disputed property was around ₹10 crore, he promised to give 50% share to the petitioner if Dr. Subbaiah is removed.
The petitioner agreed to the deal and his confidante E. Murugan, S. Selva Prakash and P. Ayyappan, all from Tirunelveli, were deployed to beat Dr. Subbaiah to death when the latter was approaching his car parked on a public road after leaving for work. A private hospital in Chennai on the day of the crime. During the trial, Ayyappan became a government witness. Therefore, he was pardoned and made a prosecution witness instead of an accused in the case.
Of the nine accused who were tried, the sessions court sentenced Mary Pushpam and Yesurajan to life imprisonment. The rest were sentenced to death. “The crime in the present case is extremely cruel, bizarre, diabolical, rebellious and has been committed in such a cowardly manner as to cause intense and extreme outrage in the society. No trace of concern or comparison was shown to an old, defenseless human being ,” the trial court wrote.