CHIDAMBARAM Vs. STATE AND ANOTHER

JUDGEMENT

(1.) This is a petition filed under Sec. 482 Cr. P.C. to set aside the judgment in CA. No. 226 of 1984 on file of the I Additional Sessions Judge, Madurai.

(2.) The brief facts are: The petitioner A. 2 and another accused A. 1 faced trial for an offence under 307 I.P.C. before the I Additional Asst. Sessions Judge, Madurai in Sessions Case No. 30 of 1983. The learned Additional Asst. Sessions Judge, Madurai, on trial acquitted the petitioner, A. 2 and convicted A. 1 for the offence under section 324 I.P.C. (2 counts) and sentenced him to undergo Rigorous Imprisonment for three months on each counts directing the sentences to run concurrently. Aggrived by that Accused 1, preferred an appeal before the Court of Sessions, Madurai in Criminal Appeal No. 226 of 1984 challenging his conviction and sentence by the trial court.

(3.) The learned Sessions Judge, Madurai after hearing the counsel for accused 1 and the learned Public Prosecuter remanded the matter to the trial Court for denovo trial both against Accused 1 and Accused 2. Hence, this petition.