BABU Vs. KUNJUMOL NANDIYANATHAYIL

JUDGEMENT

(1.) Following legal conundrums crop up for adjudication in this appeal :

(2.) This matter comes up before us on a reference by a Division Bench. The Division Bench was of the view that some observations in Balan Vs. Sivagiri Sree Narayana Dharma Sanghom Trust [2005 (4) KLT 865] rendered by a Full Bench run contrary to the law laid down by a Division Bench in S. Narayanaswami Vs. Padma [1972 KLT 7] touching on the issue.

(3.) Short facts relevant for disposal of the case can be summarized thus: Appellant is the 4th accused in a Sessions case. The appellant, along with other accused, stood charge-sheeted for grave offences, including murder. Victim's mother approached this Court with a petition under Sec. 407 Crimial P.C. for transferring the case from one Additional Sessions Court to another in the same Sessions division. It was contended that after examining 45 witnesses, the learned Additional Sessions Judge, who started the trial, had been transferred to another Court in the same Station, and posted as the First Additional Sessions Judge. 46th witness for the prosecution was examined before the original Court, then presided over by another Judge. Mother of the victim approached this Court requesting transfer of the case to the First Additional Sessions Court, where the judicial officer, who recorded major portion of the evidence, was presiding. Considering nature of the case and other factual and legal aspects, a learned Single Judge of this Court allowed the petition. This appeal is preferred against that order.