K.EZHIL Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment of conviction made by the learned Additional District and Sessions Judge, (Fast Track Court No.III), Chennai, in S.C.No.353 of 2011 dated 29.09.2011.

(2.) Case of the prosecution is that on 18.06.2009 when P.W.1 the defacto complainant, who is an Auto Mechanic, was repairing his customer's Auto at R.V.Nagar, Chennai, the appellant/accused came and threatened him not to repair the auto in his area and therefore P.W.1 took the Auto to V.O.C.Nagar, Nehru Street and was repairing the Auto. The appellant came to that place also and again threatened him and attacked him with knife and the victim got injuries in his head. Therefore respondent police registered a case against the appellant/accused in Cr.No.399/2009 and after investigation, laid a charge sheet before the learned Vth Metropolitan Magistrate, Egmore, Chennai, and since the offence charged against the appellant has been triable only the Court of Sessions, the case was committed to the learned Principal Sessions Judge, Chennai. The learned Principal Sessions Judge made over the same to the Additional District and Sessions Judge (Fast Track Court III), Chennai, for disposal and the case was taken on file in S.C.No.353 of 2011. The learned Additional Sessions Judge, after completing legal formalities, framed charges against the appellant.

(3.) During trial, in order to prove the case of the prosecution, P.Ws.1 to 10 and Exs.P1 to 10 were marked besides one Material Object. After completing prosecution evidence, when incriminating circumstances culled out from the evidence of prosecution witnesses and put before the appellant, the appellant denied as false. On the side of the defence, no one was examined and no document was produced. After trial, the learned Additional Sessions Judge, found the appellant/accused guilty for the offence punishable under Section 307 of IPC and by judgment dated 29.09.2011 convicted him and sentenced to undergo rigorous imprisonment for a period of five years with fine of Rs.2,000/-, in default, to undergo rigorous imprisonment for a period of three months, but however acquitted the appellant from the offence under Section 506(2) of IPC. Challenging the said judgment of conviction, the appellant has filed this appeal before this Court, seeking to set aside the same.