Jurisdiction of Assistant Sessions Judge to try offences under Section 307 IPC upheld; testimony of injured witnesses sufficient for conviction.

JUDGMENT :

K.MURALI SHANKAR, J.

These Criminal Appeals are directed against the common judgment of acquittal made in Crl.A.Nos.92 of 2012, 108 of 2012, 109 of 2012 and 110 of 2012 dated 18.01.2013 on the file of the III Additional District Court, Tiruchirappalli, reversing the judgment of conviction and sentence passed in S.C.No.121 of 2006 dated 28.09.2012 on the file of the Court of Chief Judicial Magistrate, Tiruchirappalli.

2. The appellants are the victims / injured in the occurrence allegedly held on 22.12.2005 in S.C.No.121 of 2006 on the file of the Court of Chief Judicial Magistrate, Tiruchirappalli.

3. The Inspector of Police, Lalgudi Police Station, Trichy District laid a final report against the respondents 1 to 8 / accused alleging that on 22.12.2005 at about 08.00 p.m., when the appellants / victims / injured were chatting outside their house, all the accused formed an unlawful assembly with deadly weapons with a common intention to kill the witnesses Santhana Samy and his wife Jayarani, that the first accused assaulted the witness Santhana Samy with iron pad and caused simple injuries on his left ear portion, that the second accused attacked the witness Sahaya Xavier with casuarina log and caused grievous injuries on his left forehead, that the third accused attacked the witness Santhana Samy with casuarina log and caused simple injuries on his left shoulder, that the fourth accused attacked the witness Jayarani with iron pad and caused grievous injuries on her head and left eye brow, that the fifth accused attacked the witness Sahaya Xavier with iron pad and caused injuries on his head, that the sixth accused assaulted the witness Santhana Samy with casuarina log and caused simple injuries on his left wrist, that the seventh accused attacked the witness Sahaya Xavier with casuarina log and caused grievous injuries on his left shoulder, that the eighth accused caught hold the hair of the witness Jayarani and assaulted her with hands, that the fifth accused, by showing iron pad, threatened the witnesses that they would kill them and that thereby the accused had committed the offences punishable under Sections 147, 148, 324, 326, 307, 506(2) IPC r/w 149 IPC.

4. The learned Judicial Magistrate, Lalgudi, took the charge sheet on file in P.R.C.No.7 of 2006 and furnished the copies of records under Section 207 Cr.P.C. on free of costs. The learned Judicial Magistrate, finding that the offence under Section 307 IPC is exclusively triable by the Court of Sessions, after compliance under Sections 208 and 209 Cr.P.C., had committed the case to the file of the Principal Sessions Court, Tiruchirappalli and the same was taken on file in S.C.No.121 of 2006 and thereafter, the case was made over to the Court of Chief Judicial Magistrate, Tiruchirappalli.

5. After appearance of the accused, the learned Chief Judicial Magistrate / Assistant Sessions Judge, Tiruchirappalli, on hearing both the sides and on perusal of the records, being satisfied that there existed a prima facie case against the accused, framed charges under Sections 147, 148, 324, 326, 307, 506(2) IPC and the same were read over and explained to them and on being questioned, all the accused denied the charges and pleaded not guilty.

6. The prosecution, to prove its case, examined 16 witnesses as P.W.1 to P.W.16, exhibited 28 documents as Ex.P.1 to Ex.P.28 and marked 2 material objects as M.O.1 and M.O.2 series.

7. The learned Chief Judicial Magistrate, Tiruchirappalli, after conclusion of trial, passed a judgment dated 28.09.