LAWS(SC)-1971-2-19

VEERAMUTHU Vs. STATE OF MADRAS

Decided On February 24, 1971
VEERAMUTHU Appellant
V/S
STATE OF MADRAS Respondents

JUDGEMENT

(1.) This appeal by special leave, is directed against the judgment dated February 19, 1970 of the Madras High Court in Criminal Appeal No. 346 of 1969, confirming the conviction of the appellant, who was the 1st accused, for an offence Under Section 302. Penal Code, 1860, as well as the sentence of death passed by the Sessions Judge.

(2.) The appellant, alongwith three others, was charged Under Section 120B read with Section 302 of the Penal Code, 1860 for having entered into a criminal conspiracy about a few days prior to October 12, 1968 to commit the murder of one Vemban and that in pursuance of this conspiracy, the appellant committed the murder of Vemban. The appellant was further charged with having committed the murder of Vemban on October 12, 1968 at about 11.30 a.m. on the Pallapatti Pudupatti footpath shown in the sketch Ex.P. 16.

(3.) All the accused pleaded not guilty to the charge. So far as accused Nos. 2 to 4 are concerned, the learned Sessions Judge has held that the charge of conspiracy has not been made out by the prosecution and as such has acquitted them of the offence with which they were charged Under Section 120B read with Section 302 of the Penal Code, 1860. So far as the appellant is concerned, the learned Sessions Judge has found him guilty of the offence of causing the death of Vemban and has sentenced him to death. The High Court on appeal has confirmed the conviction and sentence.