SEEMAICHAMY Vs. STATE

JUDGEMENT

(1.) THIS is an application directed by Seemaichamy against the order of the Judicial Sub Magistrate of Paramakudi rejecting his application with a prayer for splitting up the case against him for an offence under Section 324 I. P. C. and to quash the proceedings against him under Section 302 read with S. 34 I. P. C.

(2.) BRIEFLY the facts, according to the prosecution, are: Seemaichami and Chinnaswamy are brothers. They are the accused in P. R. C. No. 2 of 1972. P.W. 1 and his son (deceased) bore enmity towards the family of the first accused.

(3.) CHINNASWAMY was in the village in the house of his father Ponnuswami Thevar. It emerges from the statement of P. W. 1 recorded by the police that Ponnuswamy Thevar and his elder son proceeded towards the chilli garden of Ponnuswamy Thevar for taking retaliatory action. But they were prevented by some of the villagers and were brought back to the village. As they were returning to the village, Naganathadhurai was proceeding towards the chilli garden of Ponnuswamy Thevar. As he was passing before the house of Thalaiyari, be was stabbed by Chinnaswamy on his abdomen. This occurrence was about 5 p.m. Later the son of Ponnuswamy died on 14th January, 1972.