KANTHASAMY Vs. STATE

JUDGEMENT

(1.) The first accused, who suffered a conviction under Section 302 I.P.C. and accused 2 & 3 who suffered a conviction under 302 r/w 34 I.P.C., are the appellants.

(2.) Upon the complaint filed by the respondent, the accused appellants, have been constrained to face the charges, since it is the case of the prosecution that all the accused, with an intention to commit murder, in furtherance of the common intention of all, the first accused appellant stabbed over the stomach of one Ayyavu @ Mathaian, while the accused 2 & 3 have caught hold of him, thereby causing the death of the said person, on 11.6.1993 at about 1.00 p.m.

(3.) The learned first Additional Principal Sessions Judge, Salem, considering the materials placed before him, to prove the offence, came to the conclusion, that all the accused, have committed the murder of Ayyavu, in furtherance of the common intention, and they should be visited with the penalty under Section 302 r/w 34 I.P.C. In this view, he convicted and sentenced all the accused, to undergo life imprisonment, and imposed a fine of Rs.500/- to each one of the accused, in default to undergo simple imprisonment for six months.