PARAMASIVAM AND ELUMALAI Vs. STATE

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:

(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.