(1.) THE above appeal is filed against the Judgment of District and sessions Judge, Udhagamandalam in Sessions Case No. 04 of 1997 dated 06. 12 2000, convicting the appellant/accused under Section 302 and 324 I. P. C. and sentenced him to undergo life Imprisonment and 3 years imprisonment respectively.
(2.) ORIGINALLY, the accused along with 11 other accused were charge sheeted for various offences under IPC. The said case was numbered as S. C. No. 27 of 1996 on the file of the Nilgiris District Court, Udhagamandalam. Since the appellant/accused was absconding for a long time, his case was split up from the original case and numbered as S. C No. 4 of 1997 and decided subsequently.
(3.) IN the meantime, the case against other 11 accused was tried and disposed of on 16. 7. 1997 in S. C. No. 27 of 1996, convicting the accused namely k. Balan and Varadarajan under Section 324 I. P. C. and sentenced them to suffer rigorous Imprisonment for three years, after acquitting for the remaining charges levelled against them. At the same time, the accused namely s. K. Krishnamoorthy, Srinivasan, Manoj @ Manojkumar, Jawahar, Siva @ Sivaraj, sathyanarayanan, Siva @ Sivakumar, Sudhakar and M. Ganesh who were also concerned in same case were acquitted in respect of all charges levelled against them in the same judgment.