RAJANGAM Vs. STATE

JUDGEMENT

(1.) THE appeal is directed against the conviction and sentence in S. C. No. 172/92, on the file of the I Additional Sessions Judge, Trichirappalli.

(2.) THE complainant/respondent, by filing a final report against the accused, for the offences under Sections 307 and 302 I. P. C. , compelled them, to face the trial. It is the case of the prosecution, that on 6. 4. 1991 at about 3. 30 p. m. , when one Palanisamy, his sons Selvam and Ramasamy were returning to their place, on the footpath of Thirupathikonar's land, at Vengankudi Gramam, all the accused armed with sticks, with a common intention to commit murder, due to previous enmities, attacked Palanisamy indiscriminately, thereby caused his death and that they have attempted to terminate the life of P. W. 1 also, when he attempted to prevent the incident and in this view, all the accused should be dealt with under Section 302 as well as 307 I. P. C.

(3.) THE learned I Additional Sessions Judge, Trichy upon satisfying himself, framed charges, and questioned the accused. They refused to plead guilty, resulting trial. On behalf of the prosecution, 17 witnesses have been examined, seeking buttress from 28 documents and 15 material objects.