(1.) THIS revision has been preferred against the judgment in c. C. No. 289 of 1997 on the file of the Judicial Magistrate No. II, Mannargudi, against the acquittal of A2, who was charged under Section 326 r/w 34 IPC. It is admitted fact that co-accused A1 died pending trial.
(2.) AFTER taking cognizance of the case the learned judicial Magistrate issued summons to the accused and on their appearance, furnished copies under Section 207 of Cr. P. C. When the charges were explained to the accused, they pleaded not guilty.
(3.) THE learned Senior counsel appearing for the revision petitioner would contend that since the injury sustained by A1 in the same occurrence was only trivial or superficial in nature, the Investigating Officer has proceed with the complaint preferred by P. W. 1, which was registered under cr. No. 32 of 1997 and dropped the complaint preferred by A1. But to show that the injury sustained by A1 in the occurrence was simple and superficial in nature, there is no material produced on the side of the prosecution.