JEBARAJ AND ORS. Vs. STATE

JUDGEMENT

(1.) These appeals are directed against the conviction and sentence ordered by the learned Additional Sessions Judge, Fast Track Court No.2, Thoothukudi, in S.C.No.171 of 2011, dtd. 30/11/2011.

(2.) The trial Court has framed charges against the accused under Ss. 302 and 397 IPC and after full fledged trial, found them guilty, convicted and sentenced them as detailed below:

(3.) The appellant in Crl.A.(MD)No.290 of 2017 is the first accused and the appellant in Crl.A.(MD)No.167 of 2019 is the second accused. When Crl.A.(MD)No.290 of 2017 came up for hearing on 9/4/2019, it was brought to the knowledge of this Court that the second accused has not filed any appeal challenging the judgment of the trial Court. Therefore, this Court, through video conferencing, enquired the second accused, who is lodged in Central Prison, Palayamkottai and he has stated that he has no means to engage a Counsel and to file an appeal. Therefore, this Court appraised the second accused of his right to free legal aid and the Superintendent of Central Prison, Palayamkottai was directed to produce the second accused / Muniasamy before this Court on 11/4/2019. When the second accused was produced before this Court on the said date, he expressed that he does not have any means to engage a Counsel and requested the Court to appoint a legal aid Counsel and he also gave a written statement to this effect. In his presence, this Court nominated one Mr.S.Ravi [Enrol.No.822/1997], an Advocate of more than 20 years of standing in the Criminal Bar to defend the second accused / Muniasamy and the second accused had also agreed for the same. Thereafter, Crl.A.(MD)No.167 of 2019 came to be filed.