{"id":189424,"date":"2005-02-09T00:00:00","date_gmt":"2005-02-08T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/subbiah-vs-state-on-9-february-2005"},"modified":"2015-09-12T08:52:15","modified_gmt":"2015-09-12T03:22:15","slug":"subbiah-vs-state-on-9-february-2005","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/subbiah-vs-state-on-9-february-2005","title":{"rendered":"Subbiah vs State on 9 February, 2005"},"content":{"rendered":"
Madras High Court<\/div>\n
Subbiah vs State on 9 February, 2005<\/div>\n
       \n\n  \n\n  \n\n \n \n BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT\nDATED:09.02.2005\nCORAM:\nTHE HONOURABLE MR.JUSTICE P.D. DINAKARAN\nAND\nTHE HONOURABLE MR.JUSTICE S. ASHOK KUMAR\n\nCRIMINAL APPEAL No.731 of 2002\n\nSubbiah, S\/o.Ponnusamy Nadar            ... Appellant\/\n\t\t\t\t\t\t\t\t    Accused\n\n\t\t\t\t\t\tvs.\n\nState, rep.by\nInspector of Police,\nSathankulam Police Station,\nThoothukudi District.\n(Crime No.141\/98)\t\t\t\t\t... Respondent\/\n\t\t\t\t\t\t\t\t\tRespondent\n\t\tAppeal under Section 374(2) of Criminal Procedure Code against the\njudgment of the learned Additional Sessions Judge (Fast Track Court No.II),\nThoothukudy, in S.C.No.320 of 2001, dated 15.04.2002.\n\n!          For Appellant  ..  Mr.G.R.Edmund\n^          For Respondent ..  Mr.K.Radhkrishnan,\n\t\t\t\t\t\tAdditional Public Prosecutor.\n\n:JUDGMENT\n<\/pre>\n
(Judgment of the Court was delivered by
\nS.ASHOK KUMAR, J)<\/p>\n
\t\tThe appellant, the sole accused in Sessions Case No.320 of 2001 on
\nthe file of Additional Sessions Judge (Fast Track Court No.II), Thoothukudy, has
\nfiled this appeal against the judgment, dated 15.04.2002, convicting him under
\nSections 302 and 326 I.P.C. and sentencing him to undergo life imprisonment for
\nthe offence under Section 302 I.P.C. and three years rigorous imprisonment for
\nthe offence under Section 326 IPC and also ordering the sentences to run
\nconcurrently.\n<\/p>\n
\t\t2.The brief facts of the prosecution case are as follows.:\n<\/p>\n
\t\t(a)The deceased Vellaiammal is the wife of one Subramanian (since
\ndead).  The accused is none other than the own brother of the said Subramanian.
\nFrom 1996 onwards, there were frequent quarrels between the said Subramanian and
\nhis brother, the accused,  over the sharing of the properties and there were
\ncases and counter cases in the criminal court pending before the learned
\nJudicial Magistrate, Tiruchendur.\n<\/p>\n
\t\t(b)On 23.04.1998, the deceased Vellaiammal and her husband
\nSubramanian went by a trucker to Sathankulam, from where they wanted to proceed
\nto Tiruchendur to attend the Court.  Along with them, P.W.1 Vedhakkan also
\ntravelled in the same trucker.  The son of the deceased P.W.2, by name
\nRamachandran, who is also an accused in the criminal case pending before the
\nJudicial Magistrate Court, Tiruchendur, reached the place of occurrence, namely,
\nSathankulam Bus-stand, by bus.  Vellaiammal, her husband Subramanian and P.W.1
\ngot down from the trucker.  The accused, who was already there, by catching hold
\nof the tuft of Vellaiammal  slashed her throat with M.O.1 knife.  Thereafter, he
\nalso inflicted stab injuries on the left chest of Vellaiammal, who fell on the
\nspot and dead.  When her husband Subramanian intervened and tried to stop the
\naccused from attacking his wife, the accused also caused injuries on
\nSubramanian.\n<\/p>\n
\t\t(c)Immediately, Subramanian went to Sathankulam Government Hospital,
\nwhere he was admitted at 9.30 a.m.  on the same day.  Before the Doctor,
\nSubramanian has stated that the injuries were caused to him on 23.04.1998 by a
\nknown person when he prevented the said person from attacking his wife.  Ex.P-13
\nis the wound certificate issued to the said Subramanian.\n<\/p>\n
\t\t(d)An intimation was sent to the local police, who rushed to the
\nhospital and recorded the statement of the said Subramanian and the said
\nstatement is Ex.P-15.  P.W.13 Sub-Inspector of Police, Santhankulam Police
\nStation, on the strength of Ex.P-15 statement, registered a case in Crime No.141
\nof 1998 for the alleged offences under Section 302 and 324 I.P.C. and prepared
\nEx.P-14 printed FIR and despatched the same to the Judicial Magistrate Court,
\nTiruchendur, and the copies to higher authorities.\n<\/p>\n
\t\t(e) P.W.13 Sub-Inspector of Police, since the Inspector of Police
\nwas on leave, as per the instruction of the Superintendent of Police, himself
\ntook up the investigation on the same day, visited the place of occurrence, made
\nan observation and prepared Ex.P-4 observation mahazar in the presence of P.W.5
\nand one Sivasami.  He also drew Ex.P-16 rough sketch.  Thereafter, he conducted
\ninquest on the body of the deceased from 11.30 a.m. in the presence of
\nPanchayatdars and prepared Ex.P-17 inquest report.  During inquest, P.W.13
\nexamined some of the witnesses and recorded their statements.  Thereafter, he
\nsent the body of the deceased to Sathankulam Government Hospital for postmortem
\nwith a requisition.\n<\/p>\n
\t\t(f)P.W.6 Dr.P.Thanasekaran, on receipt of the body along with the
\nrequisition, conducted autopsy on the body of the deceased on the same day at
\n3.00 p.m. and found the following injuries.\n<\/p>\n
\t“A vertically 8 cm x Horizontally 10 cm cut injury, extending from left
\nside of neck upto the right side of neck.  Below extended upto the sterno
\nclavicular junction.  Trachea, carotid, artery, internal jugular vein, para
\nsympathetic chain and superficial muscles of neck cut on both sides and exposed
\noutside. Another cut injury vertically 2cm x transversely 3 cm x depth 2 cm
\nexposing muscle present over left side of chest just at the level of clavicle
\nexposing left side clavicle. A linear cut injury present over right side face
\nextending base of mandible upto the ankle of mouth exposing facial muscles.  A
\nskin abrasion 2 cm x 2 cm present over from just below the mandible.  Heart-16
\nounce, pale, all chambers are empty.  Lungs – 18 ounce, pale.  Hyoid – intact.
\nStomach – 16 ounce, pale.  Liver – 40 ounce, pale.  Spleen – 8 ounce, pale.
\nBoth kidneys pale, 8 – ounce.  Bladder empty.”\n<\/p>\n
P.W.6, on completion of postmortem, issued Ex.P-6 postmortem certificate opining
\nthat the deceased would appear to have died of haemorrhage shock and neurogenic
\nshock produced by injuries sustained by her 5 to 7 hours prior to postmortem.
\nAfter postmortem, P.W.10 Head Constable recovered M.O.4 Sari, M.O.5 blouse,
\nM.O.6 (series) a pair of chappals and  M.O.7 petti coat from the body of the
\ndeceased and handed them over in the police station.\n<\/p>\n
\t\t(g)P.W.13 Sub-Inspector of Police continued the investigation and
\nseized M.O.8 dhoti, M.O.9 shirt of Subramanian, produced by him at the time of
\ngiving Ex.P-15 complaint, under a cover of mahazar.  He also seized M.O.2
\nbloodstained earth and M.O.3 sample earth under a cover of mahazar.  On
\n24.04.1998, at 5.30 a.m., at Paikulam bus-stop, in the presence of P.W.4 village
\nAdministrative Officer and his Assistant Vembu, P.W.13 arrested the accused.
\nThe accused volunteered to give a confession statement and the admissible
\nportion of it is Ex.P-18.  The accused also produced M.O.1 knife, which was
\nhidden in his hip.  M.O.10 is the cover of M.O.1 knife.  P.W.13 remanded the
\ncase properties and the accused for judicial custody.  He sent a requisition to
\nthe learned Judicial Magistrate, Tiruchendur, to send the case properties for
\nchemical analysis.  Ex.P-11 is the Chemical Analysis Report and Ex.P-12 is the
\nSerologist’s Report.\n<\/p>\n
\t\t(h)P.W.14 Inspector of Police took up the further investigation in
\nthe case and examined the Sub-Inspector of Police, Head Constable and Doctors
\nand recorded their statements.  On completion of investigation, P.W.14 Inspector
\nof Police, filed final report on 09.06.1999 against the accused for the alleged
\noffences under Sections 302, 326 and 324 I.P.C.\n<\/p>\n
\t\t3.Before the learned Sessions Judge, on behalf of the prosecution,
\nwitnesses P.Ws.1 to 14 were examined and Exhibits P-1 to P-18 as well as M.Os.1
\nto 10 were marked.  On the side of the accused, one witness was examined as
\nD.W.1 and three documents were marked as Exs.D-1 to D-3.  When the accused was
\nquestioned under Section 313 Cr.P.C. about the incriminating circumstances found
\nin the evidence of prosecution witnesses, he has denied them either as false or
\nnot known.  The trial court, on consideration of both the oral and documentary
\nevidence produced on behalf of both the sides, found the appellant\/accused
\nguilty under Section 302 and 326 I.P.C., convicted thereunder and sentenced him
\nto undergo life imprisonment for the offence under Section 302 I.P.C. and three
\nyears rigorous imprisonment for the offence under Section 326 IPC and ordered
\nthe sentences to run concurrently.  Aggrieved by the same, the sole accused has
\npreferred this appeal.\n<\/p>\n
\t\t4.Before this Court, Mr.G.R.Edmund, learned counsel appearing for
\nthe appellant, would contend that P.W.1 has not supported the prosecution case,
\nP.W.2 could not be an eye-witness and there is no reliable evidence to connect
\nthe appellant\/accused with the crime alleged.  Per contra, Mr.K.Radhakrishnan,
\nlearned Additional Public Prosecutor, would contend that there is strong enmity
\nbetween the accused and the family members of the deceased and the husband of
\nthe deceased could not be examined in the court because he died before the
\ncommencement of the trial and, therefore, his statement before the Medical
\nOfficer when he was admitted in the hospital and his  statement before the
\npolice Ex.P-15, based on which FIR was registered, can be taken as dying
\ndeclarations and along with this evidence, the evidence of P.W.2, the son of the
\ndeceased, sufficiently establish that this appellant\/accused alone could have
\ncommitted the offence.\n<\/p>\n
\t\t5.We have given our careful consideration to the rival submissions
\nof the learned counsel on either side.\n<\/p>\n
\t\t6.The motive for the occurrence is said to be the dispute with
\nregard to some property, which resulted in criminal cases between the accused on
\nthe one side and the family members of the deceased on the other side.  The
\naccused is none other than the own brother of the husband of the deceased.  It
\nis not disputed that from 1996 onwards there were cases and counter cases
\npending in the court of Judicial Magistrate, Tiruchendur.\n<\/p>\n
\t\t7.On the date of occurrence, i.e. 23.04.1998, the deceased, her
\nhusband Subramanian and his son P.W.2 had to appear in the Judicial Magistrate
\nCourt, Tiruchendur, and for that purpose, the deceased and her husband
\nSubramanian travelled in a trucker upto Sathankulam bus-stand and their son
\nP.W.2 came there by bus, at which time, this appellant\/accused is said to have
\nslashed the throat of the deceased and also stabbed on the left chest of the
\ndeceased.  The injury on the throat was so severe that it had cut the trachea,
\ncarotid artery, internal jugular vein and all the muscles of the neck which is
\nsufficient to cause instantaneous death.  After inflicting such a serious
\ninjury, the accused has also caused stab injury on the left chest of the
\ndeceased.  Further, when Subramanian, the husband of the deceased, tried to
\nprevent the appellant\/accused from attacking his wife, the accused has caused
\ninjuries on Subramanian also and the injuries sustained by him are mentioned in
\nEx.P-13 wound certificate issued to him.  Subramaiam has sustained as many as 10
\ninjuries, out of which injury Nos.2 to 10 were all on his both hands and
\nfingers, which would prove that the said Subramanian, the husband of the
\ndeceased, tried to prevent the accused from inflicting injuries on his wife.
\nP.W.2 has cogently spoken about the occurrence in his evidence and seems to be
\nnatural one.\n<\/p>\n
\t\t8.Though the occurrence is said to have taken place at 9.00 a.m. at
\nSathankulam bus-stand, at 9.30 a.m., the said Subramanian admitted himself in
\nthe Government Hospital at Sathankulam and at that time, he has narrated that
\nwhen a known person attacked his wife with knife, he tried to prevent and
\nsustained injuries in the said course of transaction.  This statement of
\nSubramanian before Dr.Rajeswari who admitted him in the hospital, on whose
\nbehalf P.W.12 Doctor was examined, can be taken as dying declaration.\n<\/p>\n
\t\t9.On an intimation to police, P.W.13 Sub-Inspector of Police has
\ngone to the hospital and recorded Ex.P-15  statement of Subramanian at 10.00
\na.m. and on the strength of Ex.P-15, P.W.13 Sub-Inspector of Police registered a
\ncase  against  the accused under Sections 302 and 324 IPC and Ex.P-14 printed
\nFIR has reached the Magistrate Court at 12.45 p.m. on the same day.  Thus, it is
\nclear that either in lodging the complaint or registering the case or in the FIR
\nreaching the Court, there is no delay.  The said Ex.P-15 statement of
\nSubramanian  can be treated as Dying Declaration, because he could not be
\nexamined to mark this document since he was dead before trial.  Of course, the
\nsaid statement has not been subjected to cross-examination.  Though P.W.1 has
\nturned hostile, P.W.2, son of the deceased, has deposed about the occurrence in
\na cogent manner and we do not find any reason to doubt his evidence.\n<\/p>\n
\t\t10.Another important aspect is the circumstantial evidence which
\nlends support to the ocular evidence. On 24.04.1998, i.e.  very  next  day  of
\nthe occurrence, at 5.30 a.m., the accused was arrested at Paikulam bus-stop in
\nthe presence of P.W.4 Village Administrative Officer Shanmugam and one Village
\nMenial by name Vembu.  At that time, the accused has given a confession and the
\nadmissible portion of which is Ex.P-18 and pursuance to the said confession, the
\naccused has produced M.O.1 knife and M.O.10 cover of the knife from his hip.
\nWhen the case properties were sent for chemical analysis, human blood was
\ndetected in M.O.8 dhoti and M.O.9 shirt of the injured Subramanian. M.O.2
\nbloodstained earth also found contained human blood.  M.O.4 sari, M.O.5 blouse
\nand M.O.7 petti coat worn by the deceased were also found contained ‘O’ group
\nhuman blood and M.O.1 knife was also found contained human blood.  The accused
\nhas been arrested within less than 24 hours of the occurrence and bloodstained
\nM.O.1 knife has been recovered and it was found contained human blood.\n<\/p>\n
\t\t11.This important circumstantial evidence supports the ocular
\nevidence of P.W.2.  The medical opinion also supports the prosecution case that
\nthe injuries caused on the husband of the deceased and the deceased Vellaiammal
\ncould have been caused by a knife like M.O.1. The nature of injuries sustained
\nby the deceased and her husband   could have been caused by a weapon like M.O.1
\nas deposed by P.W.6  and P.W.12 Doctors.    There is no reason to doubt the
\nevidence of P.W.2. We do not find any reason to suspect or disbelieve the case
\nof the prosecution.  The trial court has rightly found the accused guilty under
\nsection 302 and 326 IPC, convicted him thereunder and imposed sentences for the
\nproved charges and we find no merit to interfere with the same and, therefore,
\nthis appeal deserves to be dismissed.\n<\/p>\n
\t\t12. Accordingly, this criminal appeal is dismissed.\n<\/p>\n
\t\t\t\t\t\t\tSd\/-\n<\/p>\n
\t\t\t\t\t\tAsst. Registrar (CO)
\n\t\/True copy\/
\n\t\t\t\t\t\tSub Asst. Registrar.\n<\/p>\n
To<\/p>\n
1. The Additional Sessions Judge,
\n   (Fast Track Court No.II),
\n   Thoothukudy.\n<\/p>\n
2. – do – Thro’ The Principal Sessions Judge,
\n   Thoothukudi.\n<\/p>\n
3. The Superintendent, Central Prison, Palayamkottai.\n<\/p>\n
4. The District Collector, Thoothukudi.\n<\/p>\n
5. The Director General of Police, Chennai – 4.\n<\/p>\n
6. The Inspector of Police,
\n   Sathankulam Police Station,
\n   Sathankulam.\n<\/p>\n
7. The Public Prosecutor,
\n   Madurai Bench of Madras High Court,
\n   Madurai.\n<\/p>\n
GM.\n<\/p>\n
\t\t\t\t\t\t\t\tJudgment in
\n\t\t\t\t\t\t\tCrl.A.No.731 of 2002<\/p>\n
\t\t\t\t\t\t\t   Dated:09.02.2005<\/p>\n","protected":false},"excerpt":{"rendered":"
Madras High Court Subbiah vs State on 9 February, 2005 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.02.2005 CORAM: THE HONOURABLE MR.JUSTICE P.D. DINAKARAN AND THE HONOURABLE MR.JUSTICE S. ASHOK KUMAR CRIMINAL APPEAL No.731 of 2002 Subbiah, S\/o.Ponnusamy Nadar … Appellant\/ Accused vs. State, rep.by Inspector of Police, Sathankulam Police Station, Thoothukudi District. (Crime […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-189424","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"\nSubbiah vs State on 9 February, 2005 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/subbiah-vs-state-on-9-february-2005\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Subbiah vs State on 9 February, 2005 - Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.legalindia.com\/judgments\/subbiah-vs-state-on-9-february-2005\" \/>\n<meta property=\"og:site_name\" content=\"Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/LegalindiaCom\/\" \/>\n<meta property=\"article:published_time\" content=\"2005-02-08T18:30:00+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2015-09-12T03:22:15+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1\" \/>\n\t<meta property=\"og:image:width\" content=\"512\" \/>\n\t<meta property=\"og:image:height\" content=\"512\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Legal India Admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@legaliadmin\" \/>\n<meta name=\"twitter:site\" content=\"@Legal_india\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Legal India Admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"12 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/subbiah-vs-state-on-9-february-2005#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/subbiah-vs-state-on-9-february-2005\"},\"author\":{\"name\":\"Legal India Admin\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\"},\"headline\":\"Subbiah vs State on 9 February, 2005\",\"datePublished\":\"2005-02-08T18:30:00+00:00\",\"dateModified\":\"2015-09-12T03:22:15+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/subbiah-vs-state-on-9-february-2005\"},\"wordCount\":2338,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"articleSection\":[\"High Court\",\"Madras High Court\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/subbiah-vs-state-on-9-february-2005#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/subbiah-vs-state-on-9-february-2005\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/subbiah-vs-state-on-9-february-2005\",\"name\":\"Subbiah vs State on 9 February, 2005 - Free Judgements of Supreme Court & High Court | Legal India\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\"},\"datePublished\":\"2005-02-08T18:30:00+00:00\",\"dateModified\":\"2015-09-12T03:22:15+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/subbiah-vs-state-on-9-february-2005#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/subbiah-vs-state-on-9-february-2005\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/subbiah-vs-state-on-9-february-2005#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Subbiah vs State on 9 February, 2005\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\",\"name\":\"Free Judgements of Supreme Court & High Court | Legal India\",\"description\":\"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. A comprehensive database for lawyers, advocates, and law students.\",\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"alternateName\":\"Free judgements of Supreme Court & High Court of India | Legal India\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Organization\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\",\"name\":\"Judgements of Supreme Court & High Court | Legal India\",\"alternateName\":\"Legal India\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/logo\\\/image\\\/\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/wp-content\\\/uploads\\\/sites\\\/5\\\/2025\\\/09\\\/legal-india-icon.jpg\",\"contentUrl\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/wp-content\\\/uploads\\\/sites\\\/5\\\/2025\\\/09\\\/legal-india-icon.jpg\",\"width\":512,\"height\":512,\"caption\":\"Judgements of Supreme Court & High Court | Legal India\"},\"image\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/logo\\\/image\\\/\"},\"sameAs\":[\"https:\\\/\\\/www.facebook.com\\\/LegalindiaCom\\\/\",\"https:\\\/\\\/x.com\\\/Legal_india\"]},{\"@type\":\"Person\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\",\"name\":\"Legal India Admin\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"url\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"contentUrl\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"caption\":\"Legal India Admin\"},\"sameAs\":[\"https:\\\/\\\/www.legalindia.com\",\"https:\\\/\\\/x.com\\\/legaliadmin\"],\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/author\\\/legal-india-admin\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Subbiah vs State on 9 February, 2005 - Free Judgements of Supreme Court & High Court | Legal India","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.legalindia.com\/judgments\/subbiah-vs-state-on-9-february-2005","og_locale":"en_US","og_type":"article","og_title":"Subbiah vs State on 9 February, 2005 - Free Judgements of Supreme Court & High Court | Legal India","og_url":"https:\/\/www.legalindia.com\/judgments\/subbiah-vs-state-on-9-february-2005","og_site_name":"Free Judgements of Supreme Court & High Court | Legal India","article_publisher":"https:\/\/www.facebook.com\/LegalindiaCom\/","article_published_time":"2005-02-08T18:30:00+00:00","article_modified_time":"2015-09-12T03:22:15+00:00","og_image":[{"width":512,"height":512,"url":"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1","type":"image\/jpeg"}],"author":"Legal India Admin","twitter_card":"summary_large_image","twitter_creator":"@legaliadmin","twitter_site":"@Legal_india","twitter_misc":{"Written by":"Legal India Admin","Est. reading time":"12 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.legalindia.com\/judgments\/subbiah-vs-state-on-9-february-2005#article","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/subbiah-vs-state-on-9-february-2005"},"author":{"name":"Legal India Admin","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea"},"headline":"Subbiah vs State on 9 February, 2005","datePublished":"2005-02-08T18:30:00+00:00","dateModified":"2015-09-12T03:22:15+00:00","mainEntityOfPage":{"@id":"https:\/\/www.legalindia.com\/judgments\/subbiah-vs-state-on-9-february-2005"},"wordCount":2338,"commentCount":0,"publisher":{"@id":"https:\/\/www.legalindia.com\/judgments\/#organization"},"articleSection":["High Court","Madras High Court"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/www.legalindia.com\/judgments\/subbiah-vs-state-on-9-february-2005#respond"]}]},{"@type":"WebPage","@id":"https:\/\/www.legalindia.com\/judgments\/subbiah-vs-state-on-9-february-2005","url":"https:\/\/www.legalindia.com\/judgments\/subbiah-vs-state-on-9-february-2005","name":"Subbiah vs State on 9 February, 2005 - Free Judgements of Supreme Court & High Court | Legal India","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/#website"},"datePublished":"2005-02-08T18:30:00+00:00","dateModified":"2015-09-12T03:22:15+00:00","breadcrumb":{"@id":"https:\/\/www.legalindia.com\/judgments\/subbiah-vs-state-on-9-february-2005#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.legalindia.com\/judgments\/subbiah-vs-state-on-9-february-2005"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.legalindia.com\/judgments\/subbiah-vs-state-on-9-february-2005#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.legalindia.com\/judgments\/"},{"@type":"ListItem","position":2,"name":"Subbiah vs State on 9 February, 2005"}]},{"@type":"WebSite","@id":"https:\/\/www.legalindia.com\/judgments\/#website","url":"https:\/\/www.legalindia.com\/judgments\/","name":"Free Judgements of Supreme Court & High Court | Legal India","description":"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. A comprehensive database for lawyers, advocates, and law students.","publisher":{"@id":"https:\/\/www.legalindia.com\/judgments\/#organization"},"alternateName":"Free judgements of Supreme Court & High Court of India | Legal India","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.legalindia.com\/judgments\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Organization","@id":"https:\/\/www.legalindia.com\/judgments\/#organization","name":"Judgements of Supreme Court & High Court | Legal India","alternateName":"Legal India","url":"https:\/\/www.legalindia.com\/judgments\/","logo":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/logo\/image\/","url":"https:\/\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg","contentUrl":"https:\/\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg","width":512,"height":512,"caption":"Judgements of Supreme Court & High Court | Legal India"},"image":{"@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/LegalindiaCom\/","https:\/\/x.com\/Legal_india"]},{"@type":"Person","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea","name":"Legal India Admin","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","caption":"Legal India Admin"},"sameAs":["https:\/\/www.legalindia.com","https:\/\/x.com\/legaliadmin"],"url":"https:\/\/www.legalindia.com\/judgments\/author\/legal-india-admin"}]}},"modified_by":null,"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_likes_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/189424","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/comments?post=189424"}],"version-history":[{"count":0,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/189424\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/media?parent=189424"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/categories?post=189424"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/tags?post=189424"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}