KARUVAYAN ALIAS KANAGARAJ Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been directed against the convictions and sentences dated 25.02.2004 passed in Sessions Case No.147 of 2003 by the Additional District and Sessions Court (Fast Track Court No.3), Namakkal).

(2.) The case of the prosecution is that on 10.9.1997 at about 8.30 p.m., in Rasipuram Sivanandha Road, near Government Higher Secondary School, the accused Nos.1 to 9 are armed with deadly weapons and wrongfully restrained the auto driven by one Sundaram. The first accused has attacked him indiscriminately and thereby attempted to commit murder. The accused Nos.2 to 9 have lent their support to the first accused in attacking the said Sundaram. During the course of occurrence, the accused Nos.1 to 9 have caused damage to autos belonging to Sundaram, Murugesan and Karthikeyan. After occurrence, the said Sundaram, as defacto complainant, has given the complaint in question and the same has been registered in Crime No.834 of 1997. The complaint alleged to have been given by the said Sundaram has been marked as Ex.P.9

(3.) On receipt of Ex.P.9, the Investigating Officer, viz., P.W.11 has taken up investigation, examined connected witnesses and after completing the same, has laid a final report on the file of Judicial Magistrate Court, Rasipuram and the same has been taken on file in P.R.C.No.41 of 2000.