OMA @ OMPRAKASH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Appellants, herein, were awarded death sentence by the trial court after having found them guilty under Sections 395, 396 and 397 of Indian Penal Code (for short 'IPC'). They were sentenced to death by hanging under subsection 5 of Section 354 of Criminal Procedure Code for offences committed under Section 396 IPC. The trial court after noticing that, the accused persons came from a State about 2000 k.m. away from Tamil Nadu, held as follows:

(2.) We have noticed that the trial Court, among other grounds, was also influenced by a speech made by the then Chief Justice of Tamil Nadu as well as a judgment delivered by another learned Judge of Madras High Court on rowdy panchayat system. Following that judgment and the provision under Section 396 IPC, the trial court held that the accused deserves no sympathy and he be sent to the gallows.

(3.) The trial court then placed the matter before the Madras High Court for confirmation of the death sentence awarded to the accused persons. Meanwhile, the accused persons also preferred criminal appeal No. 566 of 2006 against the award of death sentence. The appeal was partly allowed and conviction against Accused Nos. 1 and 2 under Sections 395, 396 and 397 IPC were confirmed but the sentence under Section 396 IPC was modified to that of life imprisonment instead of death sentence. Against which, accused Nos. 1 and 2 came up with this appeal. While this appeal was pending, the first appellant (A1) died and the second appellant (A2) has prosecuted this appeal.