- (1.) This appeal has been filed under Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 against the judgment and order dated 11.6.2002 passed by the High Court of Judicature at Madras in Criminal Appeal No. 217 of 1993.
(2.) Brief facts which are necessary to dispose of this appeal are recapitulated as under: The appellant herein along with the other accused were acquitted by the Sessions Judge, Thanjavur in Sessions Case No. 36 of 1989 of offences punishable under sections 307 and 302 read with section 34 of the Indian Penal Code (for short 'IPC').
(3.) The High Court in the impugned judgment set aside the acquittal recorded by the Sessions Judge and allowed the appeal filed by the State. The High Court held accused nos.1, 2 and 4 guilty for an offence punishable under section 302 read with section 34 IPC and imposed sentence of life imprisonment and held accused no.3 guilty for the offence punishable under section 307 IPC and imposed sentence of five years. It may be pertinent to mention that accused respondent Nos.2 to 4 died during the pendency of appeal before the High Court. The only surviving appellant herein (who was accused no.1 before the High Court) has filed the present appeal against the impugned judgment and order of the High Court.;