(1.) THE petitioner is the accused in Sessions Case No. 27 of 1959 of the Sessions Court of Kozhikode. He was committed to the said court by the learned Sub-Magistrate, Tirur, who on the same day disposed of a "counter-case" filed by the petitioner by discharging the accused persons. This revision is against the order of the Magistrate in the latter case which has been upheld in revision by the learned District Magistrate of kozhikode.
(2.) ON 1-2-1958 at 8 P. M. there was an incident in which several people got injured. The petitioner's version of it is as follows:- ON 1-12-1958, while the petitioner was returning home from the shop of one moosakutti, the respondents and one Thami, the brother of the 2nd respondent, who were lying in wait for him hiding by the side of a dilapidated goat-pen set upon him and beat him and caused injuries to him. The said Thami who was armed with a knife attempted to stab the petitioner. The knife fell down during the tussle and the petitioner armed himself with that. He heard the first respondent directing the others to do away with him and prompted by the instinct of self-preservation he waved the knife to protect himself as a result of which the respondents and Thami received injuries. Thami died of the injuries.
(3.) THE learned District Magistrate to whom the order was taken in revision noticed this defect in the approach made by the sub-Magistrate and after referring to the principles enunciated in ramakrishnayya v. State (AIR. 1954 Mad. 442 =1952 (2) MLJ. 425) regarding the procedure to be adopted by courts when dealing with a case and counter, came to the conclusion that normally the lower court should have committed this case along with the other case. He went to the extent of observing that "if I were the trial Magistrate I would have committed that case also without expressing any opinion on the facts to be tried along with the other case. " However without mentioning a word about the evidence he ended up with a bald statement that it will not be possible to convict the accused on the evidence-in the case, and dismissed the revision application.