RADHAKRISHNAN Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S. C. No. 367 of 2009 on the file of the Fast Track Court I (Additional District and Sessions Judge), Chennai. He was charged for the offences under Section 341 and 307 of IPC. By judgment dated 15. 03. 2010, the trial Court convicted him under Section 341 of IPC and sentenced him to undergo simple imprisonment for 1 month and further he was convicted for the offence under Section 307 IPC and sentenced him to undergo R. I. for 5 years and to pay a fine of Rs. 3,000/-; in default to undergo simple imprisonment for 6 months. Challenging the said conviction and sentence he has come up with this appeal.

(2.) The case of the prosecution, in brief is as follows:

(3.) Thereafter, the case was taken up for investigation by PW8 on the same day and he arrested the accused at the junction of Cannel Bank Road at C. I. T. Nagar market and obtained the confession statement from the accused. On the basis of the said confession PW8 recovered the Scissor/M. O from the accused under Mahazar (Ex-P7). Thereafter PW1 examined the witnesses PW1 to PW7 and recorded their statements. On completing the investigation PW8 laid charge sheet against the accused for the offences under Sections 341 and 307 of IPC, before the Learned IX Metropolitan Magistrate, Saidapet and the same was taken on file in P. R. C. No. 120 of 2009. As the offence under Section 307 IPC is exclusively triable by the Court of Sessions, the Learned Magistrate committed the same to the Principal District and Sessions Judge, Chennai. The learned Principal District Judge has made over the same to the Additional District Sessions Judge/Fast Track Court No. I, Chennai for disposal.