2016 honour killing case: Madras HC acquits woman's father, commutes death sentence of five

The sensational daylight murder of Sankar was allegedly planned by his wife Kausalya's father Chinnasamy and others. Terming as 'injustice' the acquittal of her father, the prime accused in the case, and her mother, Kausalya said the state government should file an appeal against the verdict and that she would not rest till her parents were punished.

The Madras High Court on Monday acquitted a death row convict and commuted the capital punishment of five others to life imprisonment in a 2016 honour killing in Tirupur district in Tamil Nadu,where a Dalit man was hacked to death in broad daylight before his wife. The sensational daylight murder of Sankar was allegedly planned by his wife Kausalya's father Chinnasamy and others.

Terming as 'injustice' the acquittal of her father, the prime accused in the case, and her mother, Kausalya said the state government should file an appeal against the verdict and that she would not rest till her parents were punished. The deceased, Sankar, a native of Kumaralingam near Udumalpet in Tirupur and Kausalya, hailing from another community, fell in love while studying engineering in nearby Pollachi and got married against her parents' wishes,following which the family allegedly hatched a conspiracy to eliminate the couple.

On March 13, 2016, a three-member gang hacked the victim to death in full public view, while Kausalya also suffered injuries in the attack. In December 2017, the Tirupur district sessions court sentenced six people, including Kausalya's father to death for the horrific killing.

Of the 11 accused, six were awarded capital punishment. Three others--Kausalya's mother, maternal uncle and a 16 -year-old relative were acquitted of all charges while two others got lesser sentences.

Challenging the death sentence awarded to them, Chinnasamy, Jegadeesan, Manikandan, Selvakumar, Kalai Tamilvaanan and Madan alias Michael moved the High Court. On Monday, passing orders on the appeals, a division bench of Justices M Sathyanarayanan and M Nirmal Kumar of the Madras High Court acquitted Chinnasamy and relieved him of all charges, including criminal conspiracy.

The court said it considered the evidence and other material placed by the prosecution against Chinnasawamy, but observed that the prosecution was unable to prove the charge of conspiracy beyond any reasonable doubt. "And he is to be acquitted for the commission of the offence of conspiracy," it said.

The bench also confirmed the acquittal of Kausalya's mother and two others. The investigation officer had moved an appeal against their acquittal by the trial court. The court sentenced five other accused to life imprisonment for a minimum of 25 years without any right to remission.

The bench cited the young age of the five while commuting their capital punishment and that they, except two of them, had no "serious bad antecedents." "This court is of the considered view that there is every possibility that they would reform themselves and on their release, would contribute something useful to the society. Therefore, the capital sentence imposed upon them requires modification," the bench observed.

The court also ordered release of all those acquitted and presently under incarceration if their custody is not required in connection with any other case. Responding to the verdict, Kausalya said it "is injustice and not justice to the killing of Sankar. It is shocking and disappointing." Speaking to reporters at Coonoor, about 20 kms from Udhagamandalam in the hilly Nilgiris district, she said the state government should have taken a more serious approach to the case.

"There was a lot of difference in the approach to me when the case was going on in Tirupur Court and at the High Court," she alleged. "However, I have not lost confidence in the judiciary and my legal battle will continue," she said and expressed hope that the state government will move the Supreme Court for an appeal.

She would not hesitate to join the legal battle, Kausalya said, adding, she also wondered why the verdict was given in an "urgent" manner. Asserting that she wanted her parents punished, Kausalya said she would fight till Sankar got justice.

"If my parents are not guilty in the murder, then Sankar would have been alive today," Kousalya, working in a defence establishment, said. Meanwhile, the CPI(M) state unit urged the Tamil Nadu government to appeal against the High court verdict in the apex court.

In a statement, the party's state unit secretary, K Balakrishnan expressed 'shock' over the verdict. Makkal Needhi Maiam President and actor Kamal Haasan slammed honour killings, saying they were symbols of the malice entrenched in our society.

In a tweet, he said it was the government's duty to ensure punishment for the guilty and wondered how the charges against even the prime accused in this case were not proven.