KARUNANIDHI Vs. STATE

JUDGEMENT

(1.) The accused in S.C.No.79/94 on the file of the District Sessions Judge, Chengalpet, who stand convicted for the offences under Sections 302 r/w 34 and 307 r/w 34 I.P.C., are the appellants.

(2.) The Inspector of Police, Duraipakkam Police Station, had filed a final report against the accused/ appellants, alleging that both the accused are liable to be convicted under Section 302 r/w 34 I.P.C. as well as Section 307 r/w 34 I.P.C. (two counts), since they have intentionally, with common intention, committed the murder of one Mayan on 25.6.1993 at about 10.00 p.m., by assaulting with deadly weapons, that in the same incident, they have attempted to commit murder of one Kurumban as well as Durai and in that process, they had caused injuries also to them and therefore, they should be dealt with accordingly.

(3.) The learned trial Judge, satisfying himself, by going through the materials placed before him, to proceed further, framed charges, questioned the accused for which they refused to plead guilty, disputing the averments in the final report also.