SUNDAR Vs. STATE

JUDGEMENT

(1.) THE appellant was accused in S.C.No.43 of 1984 on the file of Court of Session, Dharmapuri Division, Krishnagiri. He was found guilty under Sections 302, 201 and 381 of the Indian Penal Code, convicted thereunder and sentenced to death under Section 302 I.P.C. subject to confirmation by this Court, however, without imposition of any separate sentence for offences under Sections 201 and 381 I.P.C, in view of such maximum sentence imposed.

(2.) THE Reference so made for confirmation of death sentence had been taken on file by this Court. Aggrieved by the conviction and sentence, the accused also filed independently an appeal, which had also been taken on file. That is how both the Reference and the Appeal came up for disposal before us today.

(3.) BRIEF facts are: