PANDIAN Vs. STATE REP

JUDGEMENT

(1.) The appellants herein (A-1, A-3 and A-4) were tried along with four others by the learned Additional District and Sessions Judge (Fast Track Court No.1), Salem, in Sessions Case No.1 of 2000, for various offences including the one under Section 302 read with 34 IPC.

(2.) The case of the prosecution is that the appellants herein and four others caused the murder of one Sampath in front of his house in Kottavadi Road in Athanurpatti Village at about 9.00 P.M. on 17.08.1998. Even though the first appellant/first accused absconded himself during trial, the learned Sessions Judge went on with the trial and by Judgment dated 09.01.2003, held that the appellants herein are guilty under Section 304 read with 34 IPC. and sentenced them to undergo imprisonment for life and to pay a fine of Rs.5,000/- each, in default to undergo rigorous imprisonment for one year. The learned Sessions Judge found the 1st appellant/1st accused also guilty under Section 120.B IPC. and sentenced him to undergo life imprisonment and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for one year. The sentences imposed on the 1st accused/1st appellant under Sections-302 read with 34 IPC. and 102-B IPC. were ordered to run concurrently.

(3.) Though this appeal has been filed on behalf of A-1, A-3 and A-4, we are constrained to split up the appeal in respect of A-1 alone and dispose of the same independently at the stage of admission itself since there appears to be a glaring illegality committed in the procedure which is writ large on the Judgment of the lower court itself.