(1.) THE sole accused, in S.C. No. 284 of 2005 on the file of Additional District and Sessions Court cum Fast Track Court, No. 2, Tuticorin stood charged and tried for the commission of offence under Section 302 IPC. The trial Court vide impugned judgment dated 09.02.2005 has convicted him and found the appellant/accused not guilty under Section 302 IPC and however, convicted him under Section 304(1) IPC and imposed a sentence of eight years of Rigorous Imprisonment. The trial Court has also ordered set off under Section 428 Cr.P.C. and aggrieved by the conviction and sentence recorded by the trial Court, the present appeal is filed.
(2.) THE facts leading to the filing of this appeal, narrated in brief, are as follows:
(3.) THE Court of Judicial Magistrate, Tiruchendur, on receipt of the charge sheet in P.R.C. No. 40 of 2005, has furnished copies of documents under Section 207 of Cr.P.C. to the appellant/accused and having found the case is exclusively tried by the Sessions Court, committed the case to the Principal Sessions Court, which in turn, made over the case to the Fast Track Court No. II, Tuticorin.