MURUGANANTHAM Vs. STATE

JUDGEMENT

(1.) The convictions and sentences passed in Sessions Case No.28 of 2005 by the District and Sessions Court, Perambalur are being challenged in the present criminal appeal.

(2.) The case of the prosecution is that on 02-08-1998 at about 9:30 p.m., in Kamarasavalli Village, the accused Nos.1 to 3 and one Patchamuthu have wrongfully restrained the witnesses viz., Sasikumar and Ayyakkannu and scolded them by using their caste name and also attacked them by using sticks and thereby caused injuries on their persons. After occurrence, the defacto complainant by name Sasikumar has given a complaint to the concerned Head Constable (P.W.8) and the same has been registered in Crime No.270 of 1998 and the said complaint has been marked as Ex-P1.

(3.) On receipt of Ex-P1, the Investigating Officer (P.W.12) has taken up investigation, examined connected witnesses and after his transfer, his successor-in-office who is P.W.13 has continued investigation and after completing the same, laid a final report on the file of the Judicial Magistrate, Jayamkondam and the same has been taken on file in P.R.C.No.39 of 2003. The Judicial Magistrate, Jayamkondam after knowing the fact that the offences alleged to have been committed by the accused are triable by Sessions Court has committed the case to Sessions Court and the same has been taken on file in Special Sessions Case No.28 of 2005.