BALUSAMY Vs. STATE

JUDGEMENT

(1.) This Memorandum of Criminal Appeal has been directed as against the judgment dated 2.12.2006 and made in S.C. No.89 of 1994 on the file of the learned First Additional Sessions Judge (PCR), Trichy, convicting the appellant under Section 302 of IPC r/w.34 of IPC and sentencing him to suffer life Imprisonment and also to pay a fine of Rs.1,000/-, in default, to suffer a further period of one month of Rigorous Imprisonment.

(2.) The appellant herein is the 4th accused in the case in S.C.No.89 of 1994 on the file of the learned First Additional Sessions Judge (PCR), Trichy. Totally four accused were tried in the above said sessions case. After the completion of the trial, the learned trial Judge had found the accused 1 & 2 guilty under Section 341, 302 r/w.34 of IPC and convicted and sentenced them thereunder. Third accused was found guilty under Section 302 of IPC, convicted and sentenced thereunder. In so far as this appellant being the 4th accused is concerned, he is found not guilty and therefore, he was acquitted.

(3.) Challenging the order of conviction, the accused 1 to 3 had preferred an appeal before this Court in C.A.No.29 of 1995 and PW1, being the son of the deceased had preferred a criminal revision challenging the order of acquittal in respect of the present appellant who is the 4th accused in the above case in Criminal Revision Case Crl.R.C.No. 337 of 1995. While the order of conviction recorded against the accused 1 to 3 was confirmed, the appeal preferred by them was dismissed. The criminal revision filed by PW1 in this case was allowed and the order of acquittal was set aside and the case in respect of the appellant was remitted back to the trial court for fresh trial.