GANGA ALIAS GANGATHAR Vs. STATE

JUDGEMENT

(1.) THE sole accused, who was found guilty under Sections 376 and 302 I. P. C. in S. C. No. 164 of 2000 on the file of the Additional Sessions Judge, Dharmapuri, is the appellant.

(2.) THE respondent police had filed a final report against the accused/appellant contending that the accused due to prior enmity, with an intention to commit rape upon one Sumitra, went to her land arming with Aruval and committed rape and that in the same incident, he cut her neck with the Aruval with the intention to cause her death as a result of which she died on the spot due to profuse bleeding and shock and sought for appropriate punishment under Sections 376 and 302 I. P. C.

(3.) THE learned trial Judge upon consideration of the materials placed before him, felt that there is a prima facie case against the accused, resulting framing of two charges, one under Section 376 and another under Section 302 I. P. C. After framing of the charges, when the accused was questioned, he did not plead guilty, denying the prosecution case.