PAVADAI Vs. STATE

JUDGEMENT

(1.) The accused, in S.C.No.27/1995 on the file of the Principal Sessions Judge, Villupuram, who stand convicted for the offence under Sections 302, 302 r/w 109, 302 r/w 34 I.P.C. and sentenced to undergo life imprisonment, are the appellants.

(2.) The respondent/complainant brought the accused before the trial Court, to face the trial, for the offence under Sections 341, 323, 302, 302 r/w 109 I.P.C., alleging that due to the enmity that had arisen, because of the land dispute, with an intention to commit murder of one Chinnasamy, all the three accused on 2.4.1993 at about 8.00 p.m., waylaid the said Chinnasamy and stabbed him causing severe stab injuries, which resulted in the death of the said Chinnasamy and therefore, they should be dealt with accordingly.

(3.) The learned Sessions Judge, after going through the materials placed before him, satisfied himself about the existence of a prima facie case, for proceeding further. In this view, the charges were framed against the accused under Section 341, 323, 302 r/w 109, 302 and 302 r/w 34 I.P.C. All the accused denied the charges and refused to plead guilty, thereby compelling the prosecution to make out a case, beyond all reasonable doubt.