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Supreme Court of India

25 February 1977

Thangiah
v
State of Tamil Nadu

Case No : Cr.A. No. 23 of 1977

Bench : Y.V. Chandrachud, P.K. Goswami

Citation : 1977 Indlaw SC 430, (1977) 4 SCC 600B, AIR 1977 SC 1777, 1977 CRLJ 1156, 1978 (2) ShimLC 130

Summary : Criminal - Murder of wife - Quantum of sentence - Whether interest of justice requires that extreme
penalty of law must be imposed on appellant - Held, sentence of death set aside since appellant committed
murder under grave stress of abject poverty for which he was taunted from time to time by his wife and other
relatives - Considering that led a happy married life with deceased for ten years - Three small children - Sentence
reduced to imprisonment for life - Order accordingly.

The Judgment was delivered by: Y. V. CHANDRACHUD, J.

1. The appeallant was sentenced to death on the charge that on October 21, 1975 he committed the murder
of his wife, Kothainayaki. The special leave granted to the appellant to appeal against the decision of the
Madras High Court, which confirmed the sentence of death imposed by the Sessions Court, is limited to the
question of sentence only.

2. Therefore, the only question which this appeal involves is whether the interest of justice requires that the
extreme penalty of law must be imposed on the appellant.

3. It is clear from the various facts and circumstances which emerge from the evidence and from the
affidavits which the appellant was permitted to file in this Court (since he was not heard on the question of
sentence as such by the Trial Court) that he committed the murder under grave stress of abject poverty for
which he was taunted from time to time by his wife and other relatives.

4. Considering that the appellant had led a happy married life with the deceased for ten years and the fact
that the couple has three small children, the sentence may with some justification be reduced to
imprisonment for life.

5. We accordingly set aside the sentence of death and substitute in its place the sentence of life
imprisonment.

Appeal allowed.

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