R.MURALI Vs. STATE

JUDGEMENT

(1.) This appeal arises out of the conviction and sentence imposed by the learned Additional District and Sessions Judge, Fast Track Court-III, Chennai in S.C.No.645 of 2005 dated 03.03.2006, the appellant was tried for the offence punishable under Sections 341, 324, 336 and 307 of IPC. The learned trial Judge has convicted the appellant for offence under Section 341 of IPC and sentenced him to undergo one month simple imprisonment, under Section 324 of IPC sentenced him to undergo two years rigorous imprisonment, under Section 336 of IPC sentenced him to undergo three months simple imprisonment and under Section 307 of IPC sentenced him to undergo seven years rigorous imprisonment and acquitted him from the offence under Sections 427 and 506(ii) of IPC.

(2.) The case of the prosecution is that on 11.08.2005 at about 05.30 p.m, when PW1 was having tea at Relax Cafe, New Avadi Road, the appellant picked up a quarrel and pulled him by his shirt and also abused him with filthy language for the reason that PW1 deposed against his friend Arunagiri and sent him to jail, hence would not allow him to go free. He took a knife [MO1] from his back and assaulted PW1. At that time PW1 defended by his right hand, thereby he sustained injury. Again, when the appellant attempted to attack him, PW1 ran away from the occurrence. The appellant took the Soda Bottles [MO2] from nearby shops and smashed on the road, due to which the shops put down their shutters. The public who attempted to rescue PW1 were threatened. The appellant ran away from the scene. Thereafter, PW1 went to the police station, lodged a complaint [Ex.P1] to the Inspector of Police and proceeded to Government Hospital for treatment. On receipt of the complaint [Ex.P1], PW7 registered a case in Crime No.709 of 2005 [Ex.P7] for the offence under Sections 341, 324, 336, 427, 307 and 506(ii) of IPC. On completion of the investigation and charge sheet was filed and committed and tried in S.C.No.645 of 2005 by the learned Additional District and Sessions, Fast Track Court-III, Chennai.

(3.) Before the trial Court, prosecution has examined 7 witnesses and marked 8 exhibits and 2 materials objects. None were examined and no exhibits were marked on the side of the defence.