S.ABDUL NAZEER,J. - (1.) This appeal by special leave is filed against the judgment dated 26.02.2008 in Crl. Appeal No.508 of 2007 passed by the High Court of Judicature at Madras, wherein the conviction of the present appellant was upheld and his appeal was dismissed.
(2.) Brief reference to the facts as per the prosecution are necessary for the disposal of this case. The appellant was arrested by PW-1 Sub-Inspector of Police on 09.09.2005 at about 7:30 p.m. for offences punishable under Sections 51 r/w 63, 52 A r/w 68-A and 65 of the Copyright Act, 1957. He was then brought to the Office of the Video Piracy Cell at 11:30 p.m. and was kept in custody in the same room as that of the Head Constable Kaliappan (deceased). On 10.09.2005, the appellant made an attempt to escape from the custody by attacking the deceased on his head with an iron stool causing his death. However, he was caught by PW-1 (the Sub-Inspector of Police) and PW-2 (the Head Constable) while attempting to escape.
(3.) Upon investigation, a charge-sheet was filed against the appellant and the case was committed to the learned Additional Sessions Judge, Fast Track Court No. II, Coimbatore in S.C. No.19 of 2006. The appellant pleaded not guilty and claimed trial. After considering the arguments and analysing the evidence on record, the learned Additional Sessions Judge convicted the appellant for the offences punishable under Section 302 of I.P.C. and under Sections 224 r/w 511 of I.P.C. and sentenced him to undergo imprisonment for life and also to pay a fine of Rs.500/-. Further, in default thereof to undergo rigorous imprisonment for one month for the offence under Section 302 of I.P.C. and to undergo rigorous imprisonment for one year for the offence under Section 224 r/w 511 of I.P.C.;