(1.) This appeal is filed by accused in S.C. No. 17/1981 on the file of the Sessions Judge of West Thanjavur challenging the legality and correctness of the conviction under section 302 I.P.C., and sentence of imprisonment for life.
(2.) The accused was tried for the offence of murder on the allegation that on 6.11.1980 between 10 and 11 p.m. at Illuppai Korai village he caused the death of one Maruthamuthu cutting him with an aruval indiscriminately all over his body. In support of the said charge the prosecution examined P.Ws.1 to 17, filed Exs.P-1 toP-19 and marked M.Os.1 to 14. The learned Sessions Judge after, taking into consideration the said oral and documentary evidence, came to the conclusion that the prosecution has proved the guilt of the accused, convicted and sentence him as stated above. Aggrieved by the same the accused preferred this appeal.
(3.) The appeal has been preferred from Jail by presenting the same on 14.3.1984 and it was admitted on 3.4.1986. When the records were called for from the trial Judge who in his communication No. 10477/91 dated 18.11.1991 reported to the effect that the copies of depositions in Sessions Case No. 17 of 1981 of that Court are not available in that court and the Advocate Thiru V.S. Ramalingam, who conducted the same as state Brief also informed that he did not obtain certified copies of depositions in this case and that the notes etc., if any, prepared by him from depositions at the time of trial of the case, are also not available. Further, the committing Magistrate also reported that no records are available in his Court. Learned Counsel for the appellant vehemently argued that without the certified copies of deposition it is not possible for him to establish his case and substantiate the contention in this appeal. From the material records available it is seen that the date of occurrence was on 6.11.1980 and the accused was arrested on 9.11.1980. The judgement was passed on 9.7.1981.