LENIN KUMAR AND ANOTHER . Vs. STATE

JUDGEMENT

(1.) THE challenge in the above appeals is to the legality of the judgment dated 26.06.2002 made in Sessions Case No.126 of 2000 on the file of the Additional Sessions Judge (Fast Track Court No. II), Tuticorin.

(2.) THE charge against accused 1 to 3 is that on 06.01.1998 at 8.30 p.m. at Door No.4/46, North Street, Pudhupatti village, with an intention to cause the death of the deceased in this case viz., Subbulakshmi, armed with deadly weapon, viz., aruval, trespassed into her house, which act is punishable under Section 449, I.P.C.; in the course of the same transaction, accused No.1 with an intention to cause the death of the deceased, cut her with M.O.1 aruval on her right chest, right ribs and left thigh, which act is punishable under Section 302, I.P.C.; in the course of the same transaction, when accused No.1 attacked the deceased with an intention to cause her death, accused Nos.2 and 3 abetted him and accused No.2 cut the deceased with M.O.3 aruval on her left ribs and on her back and Accused No.3 cut the deceased with M.O.2 aruval on her left elbow and left hand fingers, which act is punishable under Section 302 r/w 34, I.P.C.; and in the course of the same transaction, accused No.1 with an intention to cause the death of P.W.1, cut on his left shoulder, which act is punishable under Section 307, I.P.C.

(3.) THE factual back ground of the prosecution case in a nutshell is as follows: