ORDER

This Criminal Revision Case has been preferred challenging the judgement of the learned Sessions Judge, Tiruvannamalai District dated

31.03.2016 in CA.No.9 of 2005, confirming the judgement of the learned Principal Assistant Sessions Judge, Tiruvannamalai made in S.C.No.84 of 2004 dated 24.01.2005.

2. The case of the prosecution is that on 29.10.2003 at about 8.00 pm at Mansurabad Pudur Kattuthellur in front of the house of Kasi (P.W.3), the accused 1 to 3 quarrelled with P.W.1 & P.W.2 and attacked them with a knife with an intention to kill them; on the complaint statement given by P.W.1 in the hospital, P.W.10 registered a case in Crime No.455 of 2003 in Mangalam Police Station under Sections 324, 323 & 307 IPC; P.W.12 – Kanagasabapathy, took up the case for investigation, went to the place of occurrence, prepared observation Mahazar and rough sketch in front of the witnesses, examined the witnesses and recorded their statements; on the same day, he arrested A1 and A3 at Mansurabad Broad Road Junction and recorded their confession statement; on the confession given by A1, he recovered a knife (M.O.1) used for the occurrence under seizure Mahazar in the presence of witnesses; on 01.12.2003, he arrested A2 and recorded his confession statement in the presence of witnesses; he also recovered M.O.2 on the confession given by A2 under seizure Mahazar in the presence of witnesses; he examined the doctors who treated the injured and got wounds certificates.

3. After completing the investigation, he filed a charge sheet against the accused under Sections 324, 324 r/w. 34 & 307 IPC. After the case was taken on file by the learned Judicial Magistrate II, Tiruvannamalai in PRC.No.5 of 2004 and after complying the legal mandates, it was committed to the learned Principal Assistant Sessions Judge, Tiruvannamalai. Later it was made over to the file of the learned I Assistant Sessions Judge, Tiruvannamalai for trial. 4. On being satisfied with the materials placed on record, charges have been framed against the accused under Sections 307, 324 and 324 r/w. 34 (2 counts) of IPC. When the accused were questioned, they pleaded innocence and claimed to be tried and hence, the trial was conducted.

5. During the course of the trial, on the side of the prosecution, 12 witnesses were examined as P.W.1 to P.W.12 and 11 documents were marked as Exs.P1 to P11. Two material objects M.O.1 & M.O.2 were also marked. On the side of the defence, no witness was examined and no document was marked.

6. At the conclusion of the trial and on consideration of the materials available on record, the learned trial Judge convicted the accused guilty and the details of the conviction imposed on the accused are as under:-

7. Aggrieved over the above judgement, the accused preferred an appeal before the Sessions Judge, Tiruvannamalai in CA.No.9 of 2005 and the same was also dismissed on 31.03.2016. Aggrieved over th