MANIKANDAN Vs. PANDIAN

JUDGEMENT

(1.) Special leave granted and the appeal stands disposed of by the following order.

(2.) The facts leading to the appeal may briefly be stated: On 15/11/1984 at about 5. 00 p. m. Peria Mayan, elder brother of the appellant received a fatal stab injury at his right side of the abdomen. The appellant took him to the Police Station B-II SS Colony, Circle B North, District Madurai South and gave information about the attack and the assailants. The Sub-Inspector who was in charge of the police station recorded that statement. He found the victim in a critical condition. He registered the case under S. 324 and 307 of the Indian Penal Code and issued first information report with the name of the first respondent as the accused. The victim died at 5.25 p. m. on the same day. Consequently, the offence was altered into one under S. 302 of the Code. After investigation, the police filed charge-sheet against the accused before the Judicial Magistrate II Class No. II Madurai. The accused has been committed to the court of Session.

(3.) When the said case was pending, the appellant filed a complaint before the aforesaid Magistrate. In that complaint, he has mentioned the names of three accused including the accused against whom the chargesheet had already been filed. The allegations in the complaint are almost similar with the averments in the first information report. In the complaint, the appellant has stated that he had informed the police the names of all the three accused who participated in the murder of his brother, but he came to know that the charge-sheet was filed only against the first accused. The learned Magistrate upon examining the complainant took cognisance of the offence under S. 302 Indian Penal Code and issued process to all the three accused.