ARUL @ ARULDASS; VASU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The convictions and sentences dated 07.04.2005 passed in Sessions Case No.292 of 2004 by the First Additional District and Sessions Court, Krishnagiri are being challenged in the present Criminal Appeal.

(2.) The case of the prosecution is that on 03.11.2003, at about 5 p.m., while the witnesses viz., Chinnaraj and Samugan have been travelling on a bicycle, whereas the deceased Kanagaraj has been travelling on a separate bicycle in front of Sentharapalli Government High School, both the accused have deterred them and indiscriminately attacked by using deadly weapons and due to their overtacts, the witnesses viz., Chinnaraj and Samugan have sustained injuries. The said Kanagaraj had sustained fatal injuries and subsequently passed away. After occurrence, one of the injured witnesses by name Chinnaraj has given a complaint and the same has been registered in Crime No.238/2003. The complaint given by him has been marked as Ex.P.1.

(3.) The Judicial Magistrate, Krishnagiri, after considering the facts that the offences alleged to have been committed by both the accused are triable by sessions court, has committed the case to the court of sessions, Krishnagiri Division and taken on file in Sessions Case No.292 of 2004 and subsequently made over to the trial court.