(1.) The accused in Sessions Case No.27 of 2008, on the file of the III Additional Sessions Judge, Ernakulam, challenges his conviction and sentence in Crl.Appeal No.453 of 2012. The accused/appellant was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of L 25,000/-, and in default to undergo rigorous imprisonment for one year for the offence punishable under Section 449 of the Indian Penal Code, to undergo rigorous imprisonment for seven years and to pay a fine of L 25,000/- and in default to undergo rigorous imprisonment for one year for the offence punishable under Section 392 read with Section 397 of the Indian Penal Code ; to undergo rigorous imprisonment for seven years and to pay a fine of L 25,000/- and in default, to undergo rigorous imprisonment for one year for the offence punishable under Section 394 of the Indian Penal Code ; to undergo rigorous imprisonment for seven years and to pay a fine of L 25,000/- and in default to undergo rigorous imprisonment for one year for the offence punishable under Section 307 of the Indian Penal Code. The appellant was sentenced to death for the offence punishable under Section 302 of the Indian Penal Code. It was also held that the substantive term of the imprisonment shall run concurrently. The case records were forwarded to the High Court as provided under section 366 (1) of the Code of Criminal Procedure for confirmation of the death of sentence. Accordingly, D.S.R.No.1 of 2012 was registered.
(2.) Since common questions are involved in D.S.R.No.1 of 2012 and Crl.Appeal No.453 of 2012, they are being disposed of together by this judgment.
(3.) Hereinafter, the accused, Jayanandan @ Jayan is referred to as the accused.
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