PONNUSAMI Vs. STATE

JUDGEMENT

(1.) The first accused, who is convicted and sentenced to undergo life imprisonment for the offence under section 302 I.P.C., in addition to pay a sum of Rs.5,000/- with usual default sentence, is the appellant.

(2.) The accused appellant and another accused by name Azhagammal were brought before the trial Court viz., the Ist Addl. Sessions Judge, Salem, to face the trial for the offence under Section 302 r/w 34 I.P.C. on the allegations that the first accused stabbed the deceased Kandasamy by a sphere, M.O.1 over his abdomen, that the second accused squeezed the testicles of the deceased, on 1.6.93 at about 5.30 p.m., just opposite to the house of the accused, with an intention to commit murder, due to the previous enmity and therefore, they should be dealt with accordingly, under Section 302 r/w 34 I.P.C.

(3.) The learned Ist Additional Sessions Judge, Salem upon consideration of the materials placed before him, came to the conclusion that the offence under Section 302 I.P.C. is made out against the first accused/appellant, whereas no offence is made out against the second accused. Thus concluding, he slapped the conviction as aforementioned only upon the first accused/appellant and acquitted the second accused.