KAMARAJ Vs. THE STATE

JUDGEMENT

(1.) THE convictions and sentences dated 25.01.2008 passed in Sessions Case No. 47 of 2007 by the Additional District and Sessions Court (Fast Track Court), Ariyalur are being challenged in the present Criminal Appeal.

(2.) THE case of the prosecution is that the accused 1 and 2 are friends. The sister's name of the first accused is Valarmathi and her husband's name is Ponnusamy and both of them are not living together and due to that, on 14.5.2002 at about 8.30 p.m., while the injured witness by name Nallamuthu has been in front of his house, both the accused have come there and with an intention to murder him, the second accused has attacked him by using a knife and thereby caused injuries. After occurrence, the injured witness has been taken to Ariyalur Government Hospital. Since his condition has become critical, he has been referred to Thanjavur Medical College Hospital, where the defacto complainant Ramasmy, who is none other than the brother -in -law of the injured witness has given a complaint and the same has been registered in Crime No. 90 of 2002. The complaint given by the defacto complainant has been marked as Ex. P.1.

(3.) THE Judicial Magistrate, Perambalur, after considering the facts that the offences alleged to have been committed by the accused are triable by Sessions Court, has committed the case to the Court of Sessions, Perambalur Division and the same has been taken on file in Sessions Case No. 47 of 2007 and subsequently made over to the trial court.