PARAMASIVAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in S. C. No. 159 of 1999 on the file of the VI Additional Sessions Judge, Chennai.

(2.) THE short facts of the prosecution case relevant for the purpose of deciding this appeal are as follows: on 11. 08. 1998 at about 6. 30 pm when the deceased Elumalai was taking his supper, A2 when questioned the deceased Elumalai about the raising of his voice, the deceased Elumalai had assaulted A2 with a stick and on seeing this A1 intervened to save his brother A2 from the assault of the deceased Elumalai, the deceased Elumalai had assaulted A1 on his head with stick and in retaliation A1 had assaulted the deceased Elumalai with the stick on the head which resulted in the death of Elumalai in the hospital on the next day. Hence, A1 has been charged under Section 302 IPC and A2 has been charged under Section 302 r/w 109 IPC.

(3.) THE case was taken on file by the learned II Metropolitan Magistrate in PRC. No. 9759 of 1998 and on appearance of the accused on summons, copies under Section 207 of Cr. P. C. , were furnished to the accused 1 and 2 and since the case is triable by a Court of Sessions, the learned Magistrate has committed the case to the Court of Sessions under Section 209 of Cr. P. C. The learned Sessions judge had framed charges under Section 302 IPC against A1 and the charges under Section 302 r/w 109 IPC against A2 and when questioned the accused pleaded not guilty.