MARIMUTHU@MARI Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 12 of 2002 on the file of the learned Principal Sessions Judge, Sivagangai. He stood charged for the offences under Sections 302 IPC (2 counts) and 506(ii) IPC. By judgment dated 27.9.2002, the trial Court convicted him under all the charges. For the offence under Section 302 IPC (2 Counts), the trial Court has imposed a sentence of imprisonment for life for each count and to pay a fine of Rs. 5,000/- for each count, in default to undergo rigorous imprisonment for one year and for the offence under Section 506(ii) IPC, he has been sentenced to undergo rigorous imprisonment for 7 years. Challenging the said conviction and sentence, the appellant is before this Court, with this appeal. The case of the prosecution in brief is as follows:

(2.) Based on the above material, the trial Court framed charges under Sections 302(2 Counts) and 506(ii) IPC. The accused pleaded innocence. In order to establish the charges, on the side of the prosecution, as many as 17 witnesses were examined and 23 documents were exhibited besides 22 Material Objects. Having considered the above materials, the trial Court found the accused guilty under Sections 302(2 counts) and 506(ii) IPC and accordingly, punished him. That is how the accused is before this Court.

(3.) In this appeal, originally, one Mr. T. Munirathnam Naidu, the learned counsel, was on record. Though the appeal was listed on several occasions for final hearing, there was no representation for the appellant. The appeal has been pending from the year 2002. The warrant issued by this Court to secure the accused could not be executed. In those circumstances, this Court thought it fit to appoint a Legal Aid counsel to argue the appeal on behalf of the appellant. Accordingly, Mr. R. Alagumani, learned counsel with good standing at the Bar was appointed.