KAVITHA Vs. STATE

JUDGEMENT

(1.) The judgment dated 13.6.2006 passed in Sessions Case No. 83 of 2005 by the Principal Sessions Court, Tiruchirapalli is now under challenge.

(2.) The case of the prosecution is that on 25.9.2004 at about 1.00 p.m. the first accused has attacked the son of the deceased by name Jayachandran and on the same day, at about 10.00 p.m. the first accused has stabbed the deceased viz., Rajkumar in front of his house by using a knife. The deceased has taken a wooden handle of spade from his house, and attacked the first and second accused. The accused 2 and 3 have instigated the first accused to murder the deceased and the first accused has stabbed him. Under the said circumstances, the accused are said to have committed offences under Sections 341, 302 read with 34 of the IPC.

(3.) After occurrence, the wife of the deceased by name Kavitha has lodged the complaint which has been marked as Ex. P1. On receipt of Ex P. 1, the investigating agency has set the wheels of law in motion and after completing the same, laid a final report on the file of the Judicial Magistrate Court No. V, Tiruchirapalli and the same has been taken on file in PRC. No. 5 of 2005 and the case has been committed to the court of Sessions, Tiruchirapalli Division and subsequently the same has been taken on file in Sessions Case No. 83 of 2005.