ORDER

(SMT.) RANJANA PRAKASH DESAI, J.

1. Leave granted.

2. In this special leave petition, judgment and order dated 15/10/2004 passed by the Madras High Court in Criminal Appeal No.963 of 2001 is under challenge.

3. The appellant along with others was tried by the IInd Additional Sessions Judge, Coimbatore for offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code ("the IPC"). The Sessions Court convicted the appellant and 2 others for offence punishable under Section 148 of the IPC and sentenced them to suffer rigorous imprisonment for one year each and to pay a fine of Rs.1,000/- each, in default, to undergo rigorous imprisonment for one month each. The Sessions Court also convicted each of them for offence punishable under Section 302 of the IPC and sentenced each of them to imprisonment for life. The appellant along with the other 2 accused preferred an appeal to the High Court. By the impugned judgment and order, the High Court dismissed the said appeal. Being aggrieved by the dismissal of the appeal, the appellant has approached this Court.

3. In the petition, there is no challenge to the conviction and sentence on merits. The only point raised is that