KUPPASWAMY GOUNDER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Kuppuswamy Gounder of Krishnagiri Taluk, Dharmapuri District, Tamil Nadu State, has been convicted for having committed the offences pun shable under S. 302 (three counts) and S. 332 of the IPC., by the III Addl. City Civil and Sessions Judge, Metropolitan Area, Bangalore City, (Sri S V. Tilgul), in SC No. 35 of 1980. In regard to the offences under S. 302 of the IPC, he has been sentenced to death, while in regard to the offence under S. 332 of the IPC he has been sentenced to undergo rigorous imprisonment for one year. He has filed Crl. A. No. 215 of 1981. Crl. Ref Case No. 1 of 1981 has come up before us as having been referred by the said Sessions Judge as per the provisions of S. 366 of Crl P.C.

(2.) Few facts necessary for the disposal of these matters, may be narrated as follows : At about 2-00 A.M. on 9-4-1980 the said accused stabbed Narayanaswamy who expired at 11-00 P.M., Ramu who expired at 8-05 P.M., and also Sunil Kumar, Sub-Inspector of Police, who expired at 2-30 A.M. on the next day. Sunil Kumar and his police party happen ed to go there in a van on hearing galata in the railway platform of the Cantonment railway station, Bangalore, and when Sunil Kumar caught hold of the wrist of the accused, the accused somehow managed to slip away and stab him. PW-1 Ulaganathan, who was the senior trains clerk, went and lodged information as per Ex. P-l Investigation was taken up. We do not consider it necessary to narrate further facts as, because of certain legal aspects of the case, the trial, according to us, will not be trial in the eye of law.

(3.) The accused was committed to the Sessions Court, Metropolitan Area, Bangalore City. Apparently the Principal Sessions Judge, Metropolitan Area, made over the sessions Case, in exercise of his powers under S. 194 of the Crl PC. to the II Addl Sessions Judge, Metropolitan Area, Bangalore City, who framed charges on 21 8-1980 and recorded the plea of the accused also on that day. On 17-11-1980 City Civil Courts Act came into force by virtue of the Bangalore City Civil Courts Act, 1979. Monthly Statements, regarding cases in which the accused are in custody have been received in the office of this Court. In the statement ending on the month of October 1980, this case viz , SC No. 35 of 1980 is shown as having been pending on the file of the II Addl. Sessions Judge, Metropolitan Area, Bangalore City, and was posted for evidence In the statement as by the end of November 1980 i.e., after the coming into force of the Bangalore City Civil Courts Act and conferring of Sessions powers under S. 9 (3) Crl.P.C. by the High Court on all the City Civil Civil Judges appointed under the Bangalore City Civil Courts Act, the case has been shown as pending before the IV Addl. City Civil and Sessions Judge, Metropolitan Area, Bangalore City, and posted for evidence. On 30-1-1981, the Registrar of the Bangalore City Civil Courts, Bangalore, has issued a notification. This notification shows that all the Sessions cases and other matters pending before the II, III and IV Addl. City Civil and Sessions Judges are to be tried by them. On 12-1-1981 the III Addl. City Civil and Sessions Judge, Metropolitan Area, Bangalore City, Sri S. V. Tilgul, recorded the evidence of P.W.-1 We are informed by the office of this Court, that no order of transfer under S. 407 Crl P.C. has been made transferring this case viz., SC. No. 35 of 1980, from the file of the IV Addl. City Civil and Sessions Judge, Metropolitan Area, Bangalore City, to the file of the III Addl City Civil an 1 Sessions Judge, Metropolitan Area, Bangalore City. It is clear from the order-sheet maintained in this case that during the period between 20-11-1980 and 12-1-1981 the case has gone up before the IV Addl. City Civil and Sessions Judge and then before the III Addl City Civil and Sessions Judge Sri Tilgul.