MAHALINGA THEVAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS is a petition filed against the order "made by the learned Sub Magistrate of sattur in P. R. C. Nos. 2 and 5 of 1957 and M. P. No. 105 of 1957.

(2.) THE facts are: The Sub-Inspector of Police Elayirampannai, filed a charge sheet against three persons for offences punishable under Sections 449 and 302 read with section 34 I. P. C. It was taken on file as P. R. C. No. 1 of 1957 on 14-2-1957. Subsequently one Muthurakkammal wife of the deceased, gave a private complaint implicating along with these three persons another Ayyappa Naicker with respect to the same murder. Her sworn statement was recorded and the case was taken on file as P. R. C. No. 2 of 1957 against four persons under Sections 302, 302 read with Section 109 and under Section 449 I. P. C.

(3.) THE advocate for the accused filed a memo to the effect that since there cannot be two separate enquiries against the same accused in respect of the same criminal transaction, P. R. C. Nos. 1 and 2 of 1957 may be clubbed together and enquired into, adopting the procedure prescribed for private complaints which is the procedure most favourable to the accused. On that the Assistant Public prosecutor endorsed that he had no objection. Thereupon the learned Sub magistrate passed an order that as per the decision in Subrayalu v. Kailasam Pillai, 1935 Mad WN Crl. 109, and the joint memo filed by the parties, these two cases would be clubbed together and the evidence recorded in P. R. C. No. 2 of 1957 and the procedure for private complaints would be adopted. Thereafter this procedure to be adopted in such cases seems to have been the subject matter of judicial Magistrates' Conference held at Sivaganga and the clubbing of these cases appears to have been favoured.