BALAJI AND OTHERS Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition has been preferred challenging the judgment dated 21.12.2012 passed by the II Additional District and Sessions Judge, Salem in Crl.A.No.18 of 2012 confirming the conviction and sentence dated 14.02.2012 passed by the II Additional Assistant Sessions Judge, Salem in S.C.No.354 of 2008.

(2.) It is the case of the prosecution that on 27.03.2008, around 12.15 noon, Kamaraj (PW2) was brutally attacked with knives near his house by Balaji/A1, Boopathi/A2, Karayan/A3 and Dharma/A4, with the intention of causing death to him; on hearing the commotion, his brother Thirupathi (PW1) and his wife Durga Devi (PW3), came out of the house and witnessed the attack; when Thirupathi (PW1) went to the rescue of his brother, he was also attacked by Balaji/A1; as people started gathering, the accused fled from the scene in a motorcycle; immediately thereafter, Kamaraj (PW2) was rushed by his brother Thirupathi/PW1 to the Government Hospital, Salem for treatment; on information from the hospital, the police arrived there and obtained a written complaint (Ex.P1) from Thirupathi/PW1, based on which, Karunanithi (PW14), Inspector of Police, registered a case in Crime No.554 of 2008 under Sections 342, 324 and 307 IPC against the four accused; Kamaraj (PW2) was examined by Dr.Saravanan (PW9) and the Accident Register was marked as Ex.P4; Kamaraj (PW2) was admitted as in-patient and was under treatment; the police completed the investigation and filed Final Report in P.R.C.No.58 of 2008 on 15.10.2008 before the Judicial Magistrate No.V, Salem against Balaji/A1, Boopathi/A2, Karayan/A3 and Dharma/A4 for the offences under Sections 307, 341, 324 r/w 34 IPC.

(3.) On the appearance of the accused, the provisions of Section 207 Cr.P.C. were complied with and the case was committed to the Court of Session in S.C.No.354 of 2008 and was tried by the II Additional Assistant Sessions Judge (Sub Court), Salem. Balaji/A1 was charged under Section 307 IPC; Boopathi/A2, Karayan/A3 and Dharma/A4 were charged under Section 307 r/w 34 IPC and Boopathi/A2 was charged under Section 341 IPC. When questioned, the petitioners pleaded "not guilty".