A CHINNANAN Vs. STATE

JUDGEMENT

(1.) THE accused in S. C. 128 of 2001 on the file of Additional Sessions Judge-cum-Fast Track Court No. 1, Salem, who have been convicted under Sections 302 read with 34, 506 (II) and 376 IPC, are the appellants.

(2.) THE respondent Police filed a final report against the appellants / accused, seeking appropriate punishment for them, under Sections 302 read with 34, 376 and 506 (II) IPC, on the grounds that, due to previous enmity, the accused with an intention to commit murder, having common intention, on 01. 08. 1999 at about 7. 00 pm, committed murder of one Mani by strangulating his neck, that at the same time, against the wish of Suseela (P. W. 1) and without her consent, had committed rape and that after committing the above said two offences, both the accused threatened and criminally intimidated the said Suseela, not to divulge the incidents to anybody, and therefore, the accused should be dealt with accordingly.

(3.) THE learned trial Judge, upon perusal of the materials, having satisfied, prima facie that the offences are made out against both the accused, framed charges, questioned, for which, both the accused / appellants refused to plead guilty.