SADAM HUSSAIN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the Appellant/Accused seeking to set aside the judgment of Conviction and Sentence in S.C.No.381 of 2012, dated 16.12.2014, passed by the learned III Additional Sessions Judge, Chennai.

(2.) The brief facts of the case is that due to previous enmity, on 24.11.2011 at about 12.30 a.m., the Appellant/1 st Accused viz., Sadam Hussain and A2/Kasilingam along with one Naveenkumar and Maareswaran (Split up accused) (who were Juveniles in conflict with law at the time of offence) entered in to the house of the victim Sarathkumar and attacked him with knife on his hands and chest due to which, he sustained injuries. The specific allegation against the Appellant/A1 is that, he caught hold of the victim while the said Maareswaran (who was Juvenile in conflict with law at the time of offence) attacked the victim with knife on his hands and chest. Insofar as A2 /Kasilingam is concerned, he was watching the movement of public outside the house of the victim. Hence, the case was registered for the offences under Sections 341, 307 and 506(ii) IPC r/w 34 IPC.

(3.) After completing the investigation, the Respondent Police filed charge sheet against A1/ Sadam Hussain and A2/Kasilingam, for the offences under Sections 341, 307 and 506(ii) IPC r/w 34 IPC., On appearance of the accused before the learned XVII Metropolitan Magistrate, Saidapet, Chennai, all the documents were provided to him free of cost under Section 207 Cr.P.C., Since, the case had to be tried by the Court of Sessions, the case was committed to the learned Principal Sessions Court, Chennai and thereafter, it was made over and taken on the file of the learned III Additional Sessions Court, Chennai, for trial.