PRINCIPAL DISTRICT JUDGE, SALEM Vs. STATE AND ORS.

JUDGEMENT

(1.) This Revision/Reference has been made under Section 395(2) of the Criminal Procedure Code, requesting this Court to pass a suitable order by setting aside the committal order and transferring of the case in S.C.No.161 of 2006 from the file of Principal District and Sessions Judge, Salem, on the point of territorial jurisdiction to the Erode Sessions Division, in order to take up trial for the expeditious disposal.

(2.) According to the learned Principal District and Sessions Judge, Salem, the case in S.C.No.161 of 2006 was taken on the file, on committal of the case against the accused, by name, Loganathan/second respondent herein, by the Judicial Magistrate No.2, Sankari, on 24.04.2006 in connection with the case in Cr.No.147 of 2005 of Edapaddi Police Station on 09.04.2005 for "woman missing" in P.R.C.No. 11 of 2005. When the Sessions Case was posted for framing the charge against the accused, the Sessions Judge came to know that earlier in Cr.No.62 of 2005 a case has been registered by the Bhavani Sagar Police Station of Erode District, as early as on 13.04.2005 for the offence under Section 174 Cr.P.C. in connection with finding a dead body of a woman, aged about 30 years, nearby the Bhavani Sagar Canal near pump house. According to the Sessions Judge, after investigation by the Investigating Officer, it came to light that the deceased woman is Bhuvaneswari and she is the second wife of the accused Loganathan, who is impotent and the accused with an intention to commit murder of the deceased, brought her to Ooty from Chinnamanli, Edapaddi, Salem District and stayed at Coimbatore after visiting Ooty and many other places, again brought to Bhavani Sagar on 11.04.2005 at about 6.00 a.m. and committed murder of the said Bhuvaneswari by pushing her into the Bhavani Sagar Canal and hence, the case was altered into the offence under Section 302 IPC againt the accused Loganathan. Actually, the complaint was registered in Cr.No.147 of 2005 by the Edapaddi Police Station for "woman missing" on 09.04.2005 itself and on 11.04.2005 at about 6.00 p.m., the dead body was found in Bhavani Sagar Canal, Erode District and hence, a case in Cr.No.62 of 2005 a case has been registered by the Bhavani Sagar Police Station of Erode District on 13.04.2005 for the offence under Section 174 Cr.P.C.

(3.) It is seen that some of the acts of the offence started at Chinnamanli, Edapaddi, Salem District, from where, the deceased Bhuvaneswari was taken by the accused to different places at Coimbatore and stayed at Coimbatore, after visiting Ooty, Nilgiris District, and thereafter, brought her to Bhavani Sagar, Erode District, where he committed the death of deceased Bhunaveshwari and thrown the dead body in the Bhavani Sagar. The dead body was found in the Bhavani Sagar Canal, Erode District and another case in Cr.No.62 of 2005 a case has been registered by the Bhavani Sagar Police Station of Erode District on 13.04.2005 for the offence under Section 174 Cr.P.C., as an unnatural death and on investigation, based on the extra-judicial confession given by the accused, it came to light that this was the woman who was found missing, hence, a case was already registered in Cr.No.147 of 2005 by Edapaddi Police Station on 09.04.2005 and subsequently, the case was altered for the offence under Section 302 IPC. Now, the querry raised by the learned Principal District and Sessions Judge, Salem, by way of Reference is that some of the acts of the offence started from Edapaddi, Salem District, whereas, the dead body was found at the Bhavani Sagar Canal, Erode District, which is admittedly at two different Districts and now, the case has been committed to Principal District and Sessions Judge, Salem, whether it has to be treated as the case at Salem District as some of the acts of the offence started from Edapaddi, Salem District or transferred to Erode District as the dead body was found at Bhavani Sagar Canal, which lies within the jurisdiction of Erode Sessions Division and hence, sought necessary order for transferring the case also and that is how the Reference is now before this Court.