RAMACHANDRAN Vs. STATE

JUDGEMENT

(1.) The accused 1 to 3 in S.C.No.89 of 1995 on the file of Principal Sessions Judge, Tiruchirappalli Sessions Division are the appellants.

(2.) The respondent/complainant, filed a final report against the appellants/accused 1 to 3 and two others, seeking conviction for the offence said to have been committed by them, under Section 120-B r/w 449 IPC, 449 r/w 34 IPC and 302 r/w 114 IPC on the ground, that they have conspired together to commit dacoity in the house of one Palaniappa Chettiar on 24.11.1994 at about 07.00 a.m. in the house of the fifth accused, that in pursuance of the conspiracy hatched, the accused 1 to 3 trespassed into the house of Palaniappa Chettiar in order to commit dacoity on 25.11.1994 at about 01.30 p.m.; that too with an intention to commit murder if there was a resistance and that they have committed the murder of Palaniappa Chettiar, by strangulating him using a rope thereby caused his death and in this view, all are liable to be convicted under the appropriate provisions of law.

(3.) Upon considering all the materials placed before the Principal Sessions Judge, Tiruchirappalli, he formed an opinion that there are materials to frame charges, and to proceed further. In this view, framing charges against all the accused, he questioned them, explaining the nature of offences, for which all the accused have pleaded not guilty, thereby compelling the prosecution to take the burden of proof, on their shoulders.