BOOPATHY Vs. STATE

JUDGEMENT

(1.) The appellants are the accused in S.C.No.81 of 2004 on the file of the learned Second Additional Sessions Judge, Tirunelveli. Altogether, there were four accused. The other two accused by name Sekar and Kumar were juveniles at the time of occurrence. Therefore, the case against them has been separately dealt with before the Juvenile Justice Board. These two accused alone were tried by the lower Court. They stood charged for offences under Section 302 r/w 34 34 I.P.C and Section 3(2)(v) of the SC and ST Act. By judgment dated 09.10.2007, the trial Court convicted these accused only under Section 302 r/w 34 I.P.C. They have been acquitted from the second charge i.e 3(2) (v) of the SC & ST Act. They have been sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- each in default to undergo simple imprisonment for two years for the offence under Section 302 r/w 34 I.P.C. Challenging the said conviction and sentence, the appellants are before this Court.

(2.) When this appeal was taken up today, the learned Senior Counsel for the appellant submitted that the first appellant Boopathy is no more. No interested person has come on record to prosecute the appeal in respect of the first appellant, Mr.Boopathy. Therefore, this appeal stands abated sofar as it relates to the first appellant, Boopathi. So, we proceed to dispose of the appeal only in respect of the second appellant.

(3.) The facts of the case of the prosecution are as follows:-