KATTAVELLAI @ DEVAKAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) By an order dated 13.3.2019, the High Court affirmed the conviction of the petitioner under Section 302, IPC and the death penalty awarded by the learned trial Court. Pursuant thereto, warrant for execution of the death sentence was issued by the Principal Sessions Judge, Theni on 27.3.2019. As the petitioner has been left without an opportunity of exhausting the remedies available to him in law, this petition under Article 32 of the Constitution has been filed.

(2.) At the hearing today, we are told by the learned counsel appearing for the petitioner that by a subsequent order, the learned trial Court has recalled the warrant issued.

(3.) Be that as it may, as the period for filing of a special leave petition/an appeal against the order of conviction and sentence passed is yet to be over, we are of the view that the warrant for execution of death sentence, dated 27.3.2019, is contrary to the law laid down by this Court in Shabnam vs. Union of India & Ors., 2015 6 SCC 702. Accordingly, we deem it proper, without issuing any notice, to set aside the said warrant of execution of death sentence and allow this petition under Article 32 of the Constitution.