R. JAYAPAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In this appeal, the accused-appellant has called in question the judgment and order dated 21.02.2008 in Criminal Appeal No. 1003 of 2000 whereby, the High Court of Judicature at Madras has affirmed his conviction for the offence under Section 302 of the Indian Penal Code ('IPC'), even while acquitting the accused No. 2 for the offence under Section 302/34 IPC in modification of the judgment and order dated 27.06.2000 as passed by the Principal Sessions Judge, Thanjavur in Sessions Case No. 168 of 1999.

(2.) The basic question calling for determination in this appeal is as to whether, in the given set of facts and circumstances, the High Court was justified in maintaining the conviction of the appellant for the offence under Section 302 IPC?

(3.) The background aspects of the case, so far relevant for the question at hand, could be noticed, in brief, as follows: