RAKESH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant has filed this appeal seeking to set aside the judgment dtd. 17/3/2006 made in S.C.No.563 of 2005 by the learned Additional District and Session Judge, Fast Track Court No.II, Chennai-1.

(2.) The appellants are A1 and A2 respectively in the case in S.C.No.563 of 2005. The brief case of the prosecution is as follows: On 3/8/2003 at about 07.00 p.m., in view of the Mundakanniamman Temple Festival at Sivarajapuram, when chariot procession was coming near Gandhi Nagar, A1, A2 and three others were dancing in front of the said procession without permission. On seeing the dance of A1 and A2, the complainant PW1 asked about the act of the accused persons. Thereafter, they formed themselves into unlawful assembly, waylaid the complainant and assaulted him on his cheek repeatedly with hands and caught hold of him and A1 with intention to kill him cut him on his neck with knife. Thereafter, the accused persons criminally intimidated the general public who came to the rescue of the complainant with dire consequences and created panic in the general public. Thereby, P.W.1 filed Ex.P1 complaint.

(3.) P.W.9 is the Sub-Inspector of Police, and F.I.R. Registered in Crime No.455 of 2003 under Ss. 341 , 323 , 307 , 506(2) I.P.C. under Ex.P6. The Investigation Officer took up the case for further investigation and then he went to the place of occurrence and prepared an observation mahazar (Ex.P9) and rough sketch Ex.P10 and seized the material under seizure mahazar (Ex.P.11) in presence of independent witnesses and after examining the Medical Officer who treated PW.1 and other witnesses, arrested the accused and filed a final report.