STATE Vs. PRABAKARAN

JUDGEMENT

(1.) THIS appeal has been preferred by the State against the acquittal. Admittedly both the accused A1 and A2 are the sons of P. W. 1 the injured, the complainant herein. A1 was charged under Section 326 and 506 (ii)IPC and A2 was charged under Section 324 and 506 (ii) IPC.

(2.) THE case was taken on file by the learned Judicial magistrate No. I, Erode, in C. C. No. 145 of 1997 and on appearance of the accused on summons copies under Section 207 Cr. P. C. , were furnished to the accused and when charges under Section 326 IPC was framed against A1 and charges under Section 324 IPC was framed against A2 along with a charge under Section 506 (ii) IPC against both the accused and questioned the accused pleaded not guilty.

(3.) P. W. 2 is a neighbour of P. W. 1, who has also corroborated the evidence of P. W. 1. He has deposed to the effect that both the accused have assaulted P. W. 1 at the time of occurrence with crowbar and that he took the injured in an auto and admitted him in a government hospital for treatment and that the occurrence had taken place on 2. 11. 1996 at about 9. 15 am.