NIRMAL Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) THE conviction and sentence dated 28 -11 -2007 passed in Sessions Case No. 131 of 2007 by the Principal District and Sessions Court, Salem are being challenged in the present criminal appeal.

(2.) THE epitome of the case of the prosecution is that on 19 -03 -2007 at about 3:30 p.m., cortege of one Gnanaprakasam has proceeded in Koneripatty Colony, Thammampatti Road and due to previous animosity, the accused has attacked the deceased by name, Soundararajan by using a stone and due to his overt acts the deceased has sustained fatal injuries and subsequently, passed away. After occurrence one of the sons of the deceased by name David, as de facto complainant has given the complaint, in question and the same has been registered in Crime No. 109 of 2007. The complaint given by the de facto complainant has been marked as Ex -P1.

(3.) THE Judicial Magistrate II, Athur after considering the facts that the offence alleged to have been committed by the accused is triable by the Sessions Court, has committed the case to the Court of Sessions, Salem Division and the same has been taken on file in Sessions Case No. 31 of 2007.