MUNIYANDI Vs. STATE

JUDGEMENT

(1.) The accused in S.C.No.233/93 on the file of the Principal Sessions Judge, Madurai, who suffered a conviction and sentence, for life imprisonment for the offence under Section 302 I.P.C., is the appellant.

(2.) The respondent police brought the accused before the trial Court, to face the offence under Section 302 I.P.C., alleging that on 15.2.1992 at about 3.00 a.m., when one Rajaram was sleeping in a motor pump shed, belongs to one Raja, at Gandhigraman, the accused due to previous enmity, stabbed him over his chest, with an intention to commit murder, which stab took away his life and therefore, he should be punished under Section 302 I.P.C.

(3.) Upon consideration of the materials placed before the Principal Sessions Judge, Madurai, he framed a charge under Section 302 I.P.C, for which the accused refused to plead guilty, thereby compelling the prosecution to make out a case, for conviction.