MOOKANDI ALIAS SAMUDRAM Vs. STATE

JUDGEMENT

(1.) The accused in S.C.No.38/95 on the file of the District and Sessions Judge, Kamarajar District at Srivilliputhur, who suffered conviction and sentence under Sections 302 r/w 34, 307, and 307 r/w 34 I.P.C., have come to this Court, as appellants, challenging the same.

(2.) The respondent police filed a final report against the accused/appellants, contending that due to previous enmity and with an intention to commit murder of one Subbaiah, all the accused, joined together with common intention and in furtherance of the same, on 2.6.93 at about 6.00 p.m. at Koyilur Village, in front of the house of the second accused, they had assaulted Subbaiah, indiscriminately, using deadly weapons, inflicting multiple injuries, thereby causing death, that in the same incident, aiming the life of Gurusamy, the second accused assaulted him with Thoratti Aruval, causing grievous hurt, for which accused 1 & 2 have also contributed their common intention and therefore, accused 1 to 3 are liable to be convicted under Sections 302 r/w 34 I.P.C., the second accused is liable to be convicted under Section 307 I.P.C. and that accused 1 and 3 are liable to be convicted under Section 307 r/w 34 I.P.C.

(3.) The learned trial Judge, satisfying himself about the availability of a prima facie case, to proceed further, after framing charges, questioned the accused, for which they pleaded not guilty, disputing the events, as narrated in the final report.