RAJA AND ORS. Vs. STATE

JUDGEMENT

(1.) The convictions and sentences dated 4.1.2008, passed in Sessions Case No. 237 of 2007, by the Additional District and Sessions Court (Fast Track Court No. II), Kancheepuram, are being challenged in the present criminal appeal. The schema of the case of the prosecution is that on 6.10.2006, at about 11.30 a.m., the victim, by name, David, has proceeded to market and near the cycle shop of one Raj, all the accused have illegally detained him and subsequently attacked him by using deadly weapons and thereby caused grievous injuries and during the course of occurrence, the accused have threatened the victim and one more witness by name, Premkumar. After occurrence, one of the eyewitnesses, by name, Lokesh, as defacto complainant, has given a complaint and the same has been registered by the concerned Sub -Inspector of Police in Crime No. 653 of 2006. The complaint given by the defacto complainant has been marked as Ex. P. 1.

(2.) On receipt of Ex. P. 1, the investigating officer, viz., P.W. 11, has taken up investigation, examined connected witnesses and after completing investigation, has laid a final report on the file of the Judicial Magistrate Court, No. I, Kancheepuram, and the same has been taken on file in PRC No. 7 of 2007.

(3.) The Judicial Magistrate, Kancheepuram, after considering the fact that the offences alleged to have been committed by all the accused are triable by Sessions Court, has committed the case to the Court of Sessions, Kancheepuram Division and taken on file in Sessions Case No. 237 of 2007 and subsequently made over to the trial Court.