KARUPPASAMI Vs. STATE

JUDGEMENT

(1.) THE accused in S. C. No. 84/95 on the file of the Sessions Judge, Kamarajar District at Srivilliputhur, who sustained a conviction and sentence of life imprisonment, for the offence under Section 302 I. P. C. , is the appellant.

(2.) THE respondent/complainant had filed a final report against the accused/appellant, arraying him as A1 and two others, seeking appropriate punishment under Sections 302 and 302 r/w 34 I. P. C. respectively, alleging that on 11. 3. 1994 at about 6. 30 p. m. , all the accused had wrongfully restrained one Gurusamy and the first accused with an intention to commit murder of Gurusamy, which was shared by other two accused, stabbed him over the upper portion of the right hand, which caused his death and therefore, the first accused should be dealt with under Section 302 I. P. C. , whereas accused 2 and 3 have to be dealt with under Sections 302 r/w 34 I. P. C.

(3.) THE learned trial Judge, after going through the materials placed before him, ascertaining a prima facie case, framed charges against the first accused under Section 302 I. P. C. and against A2 and A3 for the offence under Section 302 r/w 34 I. P. C. All the accused, despite the assertion by the prosecution, refused to plead guilty disputing the entire case.