LAWS(MAD)-2015-9-79

GAJENDIRAN AND ORS. Vs. STATE

Decided On September 07, 2015
Gajendiran And Ors. Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE convictions and sentences dated 16th day of December, 2004 passed in Sessions Case No. 680 of 2004 by the Additional District and Sessions Court, Fast Track Court No. 1, Chennai are being challenged in the present Criminal Appeal.

(2.) THE case of the prosecution is that the defacto complainant is one of the friends of deceased Balaji and P.W.2 -Kannan is also their friends. On 02.11.2004, at about 23.30 hours, all of them have been in Gowri Shankar Marriage Hall, which situates at Vadapalani, in connection with a marriage reception and all of them have taken liquor at the upstairs of the said Marriage Hall. At that time, the first accused, by name Gajendiran has broken a beer bottle and the same has been questioned by the deceased Balaji and due to that, a tussle has arisen in between him and the first accused and all of a sudden, all the accused has attacked the said Balaji and they also attacked others and after occurrence, on 03.11.2004, the then injured Balaji has been taken to Royapettah Government Hospital, where he succumbed to injuries. On the same day, at about 4 p.m., the defacto complainant, by name, Murali has given the complaint in question and the same has been marked as Ex.P.1.

(3.) AFTER completing the investigation, P.W.6 has laid a final report before the 17th Metropolitan Magistrate, Saidapet and the same has been taken on file in P.R.C. No. 191/2004.