P. PONNUSAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Leave granted. This appeal arises out of an order dtd. 14/9/2022 in RT No. 2/2021, by the High Court of Judicature at Madras. In those proceedings, the High Court had by order dtd. 27/4/2022 fixed the hearing of the main proceeding - which is a death reference.

(2.) The appellant and some others were convicted under Sec. 302 of the IPC along with other provisions and Sec. 120B. The appellant (A1); A3; A4; A5; A7; A8 and A9 were sentenced to death. Consequently, reference was made to the High Court which was seized of all the proceedings and heard it from time to time. On 27/4/2022 after ascertaining convenience of all the counsels the appeals were listed for final hearing on 15/6/2022. The judgment of Bela Trivedi J., has recounted all these facts in detail. The further proceedings which took place before the High Court, the hearing and the order made on 14/9/2022, declining to direct State to produce documents enlisted in letter written to the public prosecutor on behalf of the appellant on 5/9/2022, is impugned here.

(3.) The final order proposed by Bela Trivedi J., of rejecting an appeal is in our opinion justified in the circumstances of the case. However, we are unable to agree with the observations made during the course of her order as to the nature of the directions made in Suo Motu W.P. (Crl.) No. 1 of 2017, concerning the right of the accused to be supplied with documents or material, seized or collected during the investigation, but not relied upon.