DURAISAMY Vs. STATE

JUDGEMENT

(1.) The appellant is the first accused convicted and sentenced under Section 302 I.P.C. by the trial Court.

(2.) The appellant/first accused along with the second accused were charged for the offences under Sections 302 and 302 r/w.109 I.P.C. and they were charged for the offence murder of the deceased, Pothammal on account of previous enmity, on 9.8.2000 at 6.30 A.M. in the morning and in the course of the same transaction at the instigation of the second accused, the first accused cut her neck from behind and also inflicted cut injuries on her right wrist, right shoulder, right elbow and on her back and thereby she succumbed to the injuries. The trial Court having analysed the evidence found the first accused guilty for the offence of murder under Section 302 I.P.C. and acquitted the second accused. Hence, the first accused has preferred this appeal as against the said conviction and sentence passed by the trial Court.

(3.) The case of the prosecution may be briefly stated as follows:-