1981 (7) TMI 250 - HC - Indian Laws

Summary

Issues: Conviction under Sections 302 and 332 of the Indian Penal Code, legality of trial proceedings, jurisdiction of the Sessions Court, transfer of the case.

Analysis:

1. The judgment involves the conviction of the accused under Sections 302 and 332 of the Indian Penal Code by the III Additional City Civil and Sessions Judge. The accused was sentenced to death for the offenses under Section 302 and to undergo rigorous imprisonment for one year for the offense under Section 332. The accused filed an appeal and a Criminal Referred Case was also referred by the Sessions Judge.

2. The incident involved the accused stabbing three individuals, resulting in two deaths and one injury. The accused was apprehended by a police officer, but he managed to escape and commit the stabbing. Legal aspects of the case raised concerns about the validity of the trial proceedings.

3. The accused was initially under the jurisdiction of the II Additional Sessions Judge, but due to changes in court structure and the coming into force of the City Civil Courts Act, the case was transferred to different judges. However, the transfer of the case from one judge to another raised questions about the legality of the trial proceedings.

4. The judgment highlighted that the trial conducted by the III Additional City Civil and Sessions Judge was not in accordance with the law. The Principal City Civil and Sessions Judge had the authority to transfer cases, but once the trial commenced, withdrawal of the case was not permissible. Therefore, the trial conducted by the III Additional City Civil and Sessions Judge was deemed invalid.

5. Consequently, the convictions and sentences passed on the accused were set aside, but the accused was not to be released due to the seriousness of the charges. The judgment directed that the case be transferred back to the Principal City Civil and Sessions Judge for a lawful trial, either by the Principal Judge or any Additional Judge as per the provisions of the Criminal Procedure Code.

6. In conclusion, the reference was rejected, the appeal was allowed, and the convictions and sentences were set aside. The case was directed to be transferred back to the Principal City Civil and Sessions Judge for a lawful trial in accordance with the Criminal Procedure Code.