VENKATESAN Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS Criminal Appeal arises out of the judgment of conviction and sentence, dated 29.05.2006, made in S.C.No.155 of 2006, on the file of the Additional District and Sessions Court, Fast Track Court No.III, Chennai, whereby the accused/appellant was convicted for the offence under Section 307 IPC and sentenced to undergo four years rigorous imprisonment.

(2.) THE respondent police has filed a charge sheet against the accused stating that on 26.09.2005, at 8.30 p.m., the accused has wrongfully restrained P.W.1, who was riding his rickshaw and directed him to take the accused in the rickshaw to the place that he mentioned. Since P.W.1 Loganathan is not willing to do that, the accused assaulted him with sickle and caused injury with an intention to murder and also made criminal intimidation, thereby, committed the offences under Sections 341, 324, 307 and 506(ii) IPC.

(3.) RESISTING the same, Mr.C.Emalias, learned Government Advocate (Crl. Side) submitted that even though four charges were framed against the accused, he was convicted only for the offence under Section 307 IPC. The accused/appellant with an intention to cause murder, assaulted P.W.1 with knife on his head, for which, Ex.P3 wound certificate was marked. So the trial Court considered all the aspects in proper perspective and convicted him only for the offence under Section 307 IPC, which does not warrant any interference. Therefore, he prayed for dismissal of the appeal.