THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is tried and convicted by the learned Additional Sessions Judge for offences under Sections 324 and 302 of IPC. For the offence under Section 324 of IPC he was directed to undergo rigorous imprisonment for one year and for the offence under Section 302 of IPC, he was sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/-. Feeling aggrieved, conviction and sentence are challenged in this appeal.

(2.) Heard the learned counsel for the appellant and also learned Public Prosecutor for the respondent.

(3.) In the course of hearing, we came across certain materials indicating that the appellant is entitled to claim the benefit under Section 84 of IPC. In the final report as well as in the court charge it is mentioned that the appellant is native of Myanmar (formerly Burma). In other words, the appellant is a foreigner who got involved in a case of murder. Since we entertained a doubt regarding the manner in which the appellant has to be handled if we find that he is entitled to get the benefit under Section 84 of IPC, we impleaded the Secretary, Ministry of Home Affairs, Union of India as an additional party to this case.