VADIVEL Vs. STATE

JUDGEMENT

(1.) THE conviction and sentence dated 27.04.2004 passed in Sessions Case No. 2 of 2004 by the Additional District and Sessions Judge, (Fast Track Court No. 3), Namakkal are being challenged in the present Criminal Appeal.

(2.) THE case of the prosecution is that on 24.8.2003 at about 4.10 p.m., the accused has punctured the tires of rear wheels of the bus bearing Registration No. TN 35/N 1377 and thereby caused damage to the tune of Rs. 5,600/ -. After occurrence, the driver of the said bus, as defacto complainant, has given a complaint and the same has been registered in Crime No. 168 of 2003 by the Investigating Officer. The complaint given by the defacto complainant has been marked as Ex. P. 1.

(3.) THE Judicial Magistrate No. 1, Namakkal, after considering the fact that the offence alleged to have been committed by the accused is triable by Sessions Court, has committed the case to the Court of Sessions, Namakkal Division and the same has been taken on file in Sessions Case No. 2 of 2004 and subsequently made over to the trial court.