KARUNA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellants are A1 and A2 in S. C. No. 79/2000 on the file of the Additional Sessions Judge, Tiruvannamalai, who have faced trial for an offence under Section 302, 148, 323, 147, 149, 325, 302 r/w 149 IPC along with eight other accused, and were convicted under Section 304 (ii) IPC to undergo 7 years RI each and slapped with a fine of Rs. 6,000/- each with default sentence. The remaining accused A3 to A10 were acquitted by the learned trial Judge.

(2.) THE short facts of the case of the prosecution is that due to previous enimity on 22. 2. 2000 at about 9. 00 pm the accused formed themselves into an unlawful assembly carrying deadly weapons like aruval, logs sticks and sones have attacked P. W. 1 to P. W. 6 and the deceased Periya Omen causing grivous injuries and due to the attack Periya Omen died due to the grievous injuries sustained by him at the hands of A1 by aruval on the head.

(3.) THE case was taken on file by the learned Judicial Magistrate No. I, Cheyyar and on appearance of the accused on summons copies under Section 207 of Cr. P. C. , were furnished to the accused and since the case is exclusively triable by the Court of Sessions, the learned Judicial Magistrate had committed the case to the Court of Sessions under Section 209 of Cr. P. C.