(1.) On a reference made by Nainar Sundaram, J. this writ petition has been heard by this Full Bench for determination of the question, whether the pronouncement of a Division Bench of this Court in S.S. A. Vivekanandan v. State of Tamil Nadu, etc. W. P. 11886 of 1983, order dated 2nd July 1985 set out the correct position of law and whether the petitioner is entitled to invoke the ratio in the said case to his aid.
(2.) The petitioner herein is the father of one Jayaprakash alias Jayaprakasam, who was convicted by the Sessions Judge of Chengalpattu in S.C. 89 of 1984 on the file of his Court under nine counts under S. 302, IPC, for having committed the murder of his sister, sister's husband, their child arid six others, between the hours 3.30 p.m. and 10 p.m. on 24-2-1984, and sentenced to be hanged by neck till he is dead, subject to the confirmation of the sentence by the High Court. While the Sessions Judge made a reference of the case of Jayaprakash to this Court under S. 366, Cr. P.C., (hereinafter called the Code) for confirmation of sentence, the accused too preferred an appeal in S.C. A. 703 of 1984 under S. 374(2) of the Code. The reference, which was numbered as R. T. No. 11 of 1984 and the criminal appeal were clubbed and heard together by a Division Bench of this Court, consisting of V. Ramaswami and K. M. Natarajan, JJ. The learned Judges affirmed the convictions under the nine counts and the sentence of death too on the ground that the murders had been perpetrated in a dastardly, brutal and inhuman manner. The learned Judges have given the reasons for confirming the sentence of death in the following terms :
(3.) The reference under S. 366 of the Code was ordered in terms of the confirmation of the convictions and sentence and the appeal filed by the accused was dismissed.
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