SIVADAS Vs. STATE

JUDGEMENT

(1.) Appellants are the convicts in S.C. No.418/2009 on the file of the III Additional Sessions Court (Ad hoc-I), Thodupuzha. That case had originated on the basis of the final report laid in Crime No.134/08 of Kaliyar police station, which in turn was registered on the strength of the first information statement given by PW1 Suresh alleging that the appellants had assaulted and made attempts against the life of PW2 Shaji. At the time of recording the First Information Statement the injured PW2 was undergoing treatment in Medical Trust Hospital, Ernakulam. After investigation, the charge sheet was laid before the Judicial First Class Magistrate's Court, Thodupuzha alleging offence punishable under Sections 323 and 307 read with 34 of the Indian Penal Code.

(2.) The incident had happened at 8.00 p.m. on 11.05.2008 at Karimannoor town on the Udumbannoor-Thodupuzha public road in front of JJ Medicals. According to the prosecution, that day, out of animosity towards CW2 Shaji, in furtherance of the common intention, the second appellant manhandled CW2 and caused him to fall on the ground. Then the first appellant sat on his body and stabbed him with a chisel carried by him and caused him grievous injuries on different parts of his person. Thus the appellants acted in furtherance of their common intention.

(3.) The learned Magistrate took cognizance of the offence and registered the case as CP 39/2009; after completing the procedural formalities, since the commission of an offence triable exclusively by a Court of Session was revealed, the case was committed to the Sessions Court, Thodupuzha from where it was made over to the trial court.