MURUGESAN Vs. STATE

JUDGEMENT

(1.) This is a petition filed by the petitioners/accused in a murder case in S. C. No. 39/98 on the file of the Additional District Sessions Judge-cum-Chief Judicial Magistrate, Nagapattinam to transfer the case to some other Court.

(2.) The facts contained in the affidavits and the counter-affidavits filed by the parties depict a sorry state of affairs.

(3.) The alleged murder took place at Thiruvarur on 24-9-96. The charge-sheet was filed against the petitioners accused for the offence under Section 302 r/w 34, I.P.C. against A1 to A4 and 304 r/w 149, I.P.C. against A5 and A6. After committal, the charges were framed against the petitioners/accused and the case was posted for trial by the Principal Sessions Judge on 23-4-98. The petitioners/accused were present on 23-4-98. However, P.Ws. 1 and 2 were not present in the Court. Therefore, the said case was adjourned to 9-6-98 for trial, on which date also the witnesses were not present. So, at the request of the Public Prosecutor of the District, the trial was posted on 14-7-98. On that date also, the petitioners/accused were present in the Court. The learned Principal Sessions Judge directed to post this case before the Additional District Judge-cum-Chief Judicial Magistrate, Nagapattinam by making over this case and the accused were directed to appear before the said Court on 20-7-98. After receipt of the records, the learned Additional District and Sessions Judge, Nagapattinam took the case on file on 20-7-98 and posted the matter for trial on 10-8-98 and 11-8-98. In the meantime, there was an Advocates' Boycott. So, the case was periodically adjourned to several dates. Ultimately, the case was listed again for trial on 25-11-98 and 26-11-98 at the request of the defence side. Though the petitioners were present on 25-11-98, the first informant Vijaya sent a telegram to the Court asking for adjournment.