VELLATHURAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS petition is by the convicted 4th accused to condone the delay of 1079 days in filing the appeal. We have perused the affidavit filed in support of the petition by the brother of the accused and we do not find any convincing explanation for this long period which has elapsed. The petitioner would only say that he was not aware whether an appeal has been preferred by his brother or not and that upon perusing the High Court records he came to know that no appeal was preferred by his brother. Such an explanation cannot be accepted to condone the delay which had occurred in this case.

(2.) LEARNED counsel appearing for the petitioner would contend that the delay, however long it may be, may be condoned when it does not affect the right of any party. In this connection he has produced before us a decision of the Punjab High Court inThe Statev. Dittu Ram 1955 AIR(Punjab) 164) wherein Their Lordships have observed as follows :-

(3.) IT is also to be noted that as per Part II of the Criminal Rules of Practice and Circular Orders, 1958, the records consistinginter aliaof the oral evidence would be destroyed after three years. Now, more than three years have elapsed and without the oral evidence it would not be possible to appreciate the case of the appellant in the proper way. This is also another reason for rejecting the petition of the accused.