Judgment

Markandey Katju, J. —

1.This appeal has been filed against the impugned Judgment of the Madras High Court dated 9.11.2004 in Criminal Appeal No. 1438 of 2002.

2.Heard learned counsels, Shri M. Karpagavinayagam for the appellant and Shri V. Kanagaraj for the respondents.

3.Before the Trial Court there were 10 accused persons accused under Section 302 and other provisions of the IPC. Accused nos.1 to 6 were found guilty under Section 302 and the other provisions of the IPC by the Trial Court and they were convicted to life imprisonment and awarded various other punishments under various other provisions of the IPC.

4.On appeal before the High Court, accused nos.2 to 6 were acquitted but the conviction of accused no.1, the appellant before us, under Section 302 etc. was upheld. Aggrieved, the accused no.1 has filed this appeal before us.

5.The F.I.R. in the case was filed by one S. Elangovan, Forest Guard. The FIR reads as follows :

“To the Inspector of police, Ayilpatti police station, subject the complaint regarding the death of Shri Swaminathan, Forest Guard, due to the firing of sandal wood smugglers in Pilenadu reserved forest during the prevention of smuggling activity duty. H