PANDI, S/O.NAAGU AGAALI Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.292/2000 on the file of the IV-Additional Sessions Judge (P.C.R.), Madurai. By judgment, dated 02.01.2002, the trial court has convicted him under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.500/-, in default to undergo rigorous imprisonment for six months. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

(2.) This appeal was preferred before this Court on 05.03.2003, through a learned counsel, by name S.Manjula. Subsequently, another learned counsel, by name A.Thiruvadikumar, entered appearance for the appellant. During the pendency of the appeal, the appellant was granted suspension of substantive sentence of imprisonment, by order dated 05.04.2005, on the ground that there was no possibility of the appeal being taken up in near future and that the accused had been in jail for about three years. After the grant of bail, as of now, the appellant is on bail.

(3.) Though the matter was listed before this Court, for final hearing, on several occasions, he did not choose to appear. Therefore, this Court had to issue a non-bailable warrant for the arrest of the accused on 23.11.2009. But, the said warrant could not be executed by the Police. When this appeal was listed on 08.03.2011, a Division Bench, which heard the appeal, directed the police to execute the non-bailable warrant by 22.03.2011. On 22.03.2011 also, it was reported to this Court that warrant could not be executed. It was further reported to the Court that a Special Team of Police had been constituted to nab the appellant. After repeated adjournments, since it was reported that warrant could be executed, as the appellant is absconding, this Court thought it fit to appoint a legal aid counsel, at the cost of the State, so as to provide legal aid to the appellant. Accordingly, Ms.S.Venhalakshmi, learned counsel, was appointed as legal aid counsel. She was given enough time to go through the papers and to make her submissions.