VIJAYAKUMAR Vs. STATE

JUDGEMENT

(1.) These two Appeals arise out of the common judgment having been filed by the accused 1 and 2 and as such are taken up together and disposed of by means of this common judgment.

(2.) The appellants have laid these appeals against the judgement dtd. 3/6/2019, by the learned XIX Additional Sessions Judge, Chennai in S.C.No.16 of 2016, by which, they were convicted for the offence under Ss. 341 and 333 of IPC and was sentenced to undergo a simple imprisonment for a period of one month and three years respectively and in addition, were imposed fine of Rs.10,000.00 each for the alleged offences.

(3.) The case of the prosecution is that on 18/10/2012, PW1 namely, one Sivaji came to the Esplanade Police Station and lodged a complaint stating that, when he was on duty in the Transport Corporation bus, the law college students who used to occupy and create ruckus in the said bus, started picking up quarrel with him and they assaulted him, caught hold of his shirt and used a small piece of iron to hit him on his face and chest. On the said complaint, a case was registered in Crime No.3068 of 2012 for the aforestated offences. PW9 namely, one Chellappa, the Inspector of Police took up the investigation of the case and laid charge sheet and the same was taken on file as PRC.No.93 of 2015 and after issue of copies under Sec. 207 Cr.P.C, the case was committed to the Principal Sessions Court as per Sec. 209 Cr.P.C and the case was taken on file as S.C.No.16 of 2016 and thereafter was assigned to the trial Court.