SHEIK ABDUL AZEEZ Vs. STATE OF MYSORE

JUDGEMENT

(1.) The appellant in Cr.A.456/73 has been sentenced to death after haying been found of offences punishable under Ss.302 & 303 IPC by the Sessions Judge Kolar in SC.10 of 1973.

(2.) The prosecution case was that by 27-1-73 the accused was undergoing sentence of imprisonment for life passed on him by this Court in Cr.A.269 of 1960, and by 10A.M. on that day viz.. 27-1-1973, he speared Kurubara narayanappa and cut on his neck with a chopper, in front of Vasudev Rolling Mills, Kalaipeth, Kolar, and committed his murder. The accused pleaded not guilty.

(3.) He refused legal assistance when the same was offered to him by the . learned Sessions Judge. He insisted that he would defend his own case. The learned Sessions Judge permitted htm to do so. In this Court also he insisted that he would himself argue his case. We permitted him to do so. But, however, we appointed Sri M.V.Deva Raju Advocate, as amicus curiae to assist the Court and he assisted us in a commendable manner. In the view that we are going to take, we do not consider it necessary to narrate the whole case here.