PONNAIYAN Vs. STATE

JUDGEMENT

(1.) THE revision petitioners, who are six in number are accused before the Judicial First Class Magistrate, Kuzhithurai. On 4.2.1986, four charges were framed against them under Sections 147, 352, 323 and 455 of the Indian Penal Code. The first charge is under Section 147 against accused 1 to 6. The second charge is under Section 352 I.P.C. against accused 2, 4, 5 and 6. The third charge is under Section 323 I.P.C. against the 3rd accused. The fourth charge is against the 2nd accused under Section 455 I.P.C.

(2.) P .Ws.1 and 2 who are husband and wife were examined on 2.7.1986. P.W.3 is Mahazar witness and P.W.4 speaks about the motive part of the occurrence. They were examined on 31.7.1986. On 21.11.1986, P.W.5, who treated P.W.1 issued Ex.P.5 was examined. On the same day P.W.6 the Head Constable, who has registered the case was also examined. On 17.12.1986, the investigating Officer was examined. With this, the prosecution closed their evidence.

(3.) THE learned counsel for the revision petitioner contended that the charges have been framed without any basis and the trial court, instead of delivery of judgment on the materials available on record then, ought not to have framed new charges.