VIJAYAKUMAR Vs. STATE

JUDGEMENT

(1.) THE two appellants/accused Nos. 1 and 3 who were convicted for the offence under Sec. 302 of Indian Penal Code by the learned Sessions judge, Coimbatore Division at Coimbatore, in Sessions Case No. 71 of 1985, dated 16. 12. 1987 and thereby sentenced to suffer rigorous imprisonment for their life have preferred this appeal, challenging the impugned judgment for want of its correctness and legality.

(2.) IT was stated by the counsel for the appellants with the consensus of the learned Public Prosecutor that on the date of delivery of the impugned judgment, the 2nd accused by name Balakrishnan died, and that therefore the conviction and sentences with its relevant finding recorded by the trial judge against him for the charge under Sec. 302 of Indian Penal Code still remains but however, in view of his death, the said conviction and sentences abates.

(3.) P. W. 6 Thiru Ramachandran, the IInd Class Judicial magistrate on receipt of the intimation, reached the hospital by 8. 45 p. m. on 26. 12. 84 and recorded the statement of Manomani, which has been market as ex. P-10. P. W. 5 has certified that she was conscious and was able to give the statement Ex. P-10. Ex. P-8 is the certificate given by the doctor. P. W. 13 returned to the police station and registered a case under Sec. 307 of Indian penal Code in Crime No. 509 of 1984 of his police station and prepared printed first Information Report Ex. P-19 and sent Exs. P-18 and 19 to the 2nd Class magistrate, Udumalaipet and the copies of Ex. P-19 to the higher officials concerned through constable 423.