RAGHUPATHI Vs. STATE

JUDGEMENT

(1.) The accused are the appellants.

(2.) The respondent police have filed a case against the accused/appellants, in S.C.No.143/93 on the file of the Principal District Judge, Nagapattinam, praying for appropriate punishment under Section 302 I.P.C., alleging that the accused have committed the murder of one Barathi by stabbing, indiscriminately, on 11.3.1993 at about 9.30 p.m. near Gandhiswaran land at Thiruthuraipoondi-Attur Road, with intention to commit the same, due to previous enmity.

(3.) Upon consideration of the materials placed before the trial Court, the trial Court felt that there was prima facie case, to proceed further and on that basis, framing charges under Section 302 I.P.C. against both the accused, when questioned, both pleaded not guilty, thereby throwing the burden upon the respondent/complainant, to prove the guilt, beyond all reasonable doubt.