DAVID STEPHEN Vs. STATE

JUDGEMENT

(1.) This memorandum of criminal appeal is directed against the order of conviction and sentence dated 27.6.2008 and made in Sessions Case in S.C. No. 65 of 2007 on the file of the learned II Additional Sessions Judge, Tirunelveli, convicting the appellant/accused under Section 302 of IPC r/w 34 I.P.C. and sentencing him to suffer imprisonment for life and also to pay a fine of Rs. 10,000/- in default to suffer for a further period of two years of simple imprisonment. He was acquitted in respect of the charges under Sections 449 and 294(b) I.P.C., and Section 3(2)(v) of the SC/ST (POA) Act, 1989. Challenging the illegality of the order of conviction and sentence, the appellant being the first accused in the Sessions case in S.C. No. 65 of 2007 (P.R.C. No. 34 of 2007 on the file of the Judicial Magistrate No. 5, Tirunelveli and Cr. No. 146 of 2007 on the file of the Munneerpallam Police Station), has preferred this appeal before this Court after invoking the provisions of Section 374(2) Cr.P.C.

(2.) It appears from the records that the second accused in the above said case one Jesu Palraj was absent for a long time and since he had been absconding, a non bailable warrant was issued and the same has also been pending for a long time. Therefore, the case against the second accused Jesu Palraj was split up separately and assigned S.C. No. 38 of 2008 on the file of the II Additional Sessions Judge, Tirunelveli.

(3.) The main case in S.C. No. 65 of 2007 was tried as against the first accused David Stephen, who is the appellant herein and ultimately ended in conviction as afore stated.