STATE Vs. SELVARAJ

JUDGEMENT

(1.) The appeal and the revision had been filed against the judgment of the learned Sessions Judge, Kanyakumari District at Nagercoil in Sessions Case No. 32 of 1984 dated 30-8-1985 in acquitting both the accused.

(2.) There were two accused against whom four charges were being framed, all relating to one and the same transction that took place on 18-1-1984 at about 9-30 p.m. at Mylode, within the limits of Eranial police station. The first charge was against A-1 under Section 302, IPC on the allegation that he committed the murder of Dasan by stabbing him with a kattari knife. The second charge was against A-2 under S. 302 read with S. 34, IPC on the allegation that he and A-1 had the common intention of committing the murder of Dasan and that in furtherance of the same, A-1 committed the murder of Dasan. The third charge was against A-1 under S.307, IPC on the allegation that he attempted to commit the murder of Verghese by stabbing him with katari knife. The fourth and the last charge was against A-1 under S, 307 read with S. 109, IPC on the allegation that A-2 committed the offence of abetment to murder by A-1 who stabbed, Verghese with a katari knife. The accused pleaded not guilty to the charges. (Accused-1 and 2 who figure as respondents in the appeal and in the revision may be referred to A-1 and A-2 as arrayed in the Sessions Case).

(3.) The prosecution case in brief is as follows: