ACHCHEY LAL Vs. STATE

JUDGEMENT

(1.) IN the INstant case following two questions were referred to the Division Bench for its opinion ; 1. Whether under Section 323 Cr. P. C. a Magistrate has powers to commit a case to the Court of Session in some appropriate circumstances, even about an offence which is not exclusively triable by the Court of Session and 2. Whether in view of such commitment the procedure of Sections 208, 209 and 228 Cr. P. C. stands modified, if so, to what extent ? The Division Bench answered the above questions as under: - Question No. 1 Sections 209 and 323 Cr P. C. operate in different fields. Section 209 Cr. P. C. relates to commitment of only those cases to the Court of Sessions which are exclusively triable by that Court. Section 323 Cr. P. C. on the other hand, relates to the commitment of those cases to the Court of Session which, to start with the triable by the Magistrate concerned but during the inquiry or trial thereof the Magistrate comes to the conclusion that on account of the peculiar features and circumstances of the case, the same ought to be treated by the Court of Session though the offences to which the said case relates were not exclusively triable by the Court of Session. Question No. 2 The procedure prescribed by Sections 208, 209 and 228 Cr. P. C. relates to commitment of cases exclusively triable by the Court of Session and not to those cases which are not so triable, but which on account of the special circumstances, are committed to that Court as the same ought to be tried by it. No question of modification of the procedure prescribed by those sections arises as the same do not relate to commitments made under Section 323 Cr. P. C. S. P. Shukla, Advocate for the applicant. JUDGMENt M. Murtaza Husain, J.- A charge-sheet was submitted by the police of P. S. Dhammaur in the District of Sultanpur before a Magistrate of the First Class against the six revisionists, namely, Achchey Lal, Pratap Bahadur, Dilesar, Sadhai. Girdhari and Sher Bahadur for having committed offences under Sections 147, 323/149 and 324/149 I. P. C. Those offences were triable by the learned Magistrate himself but he committed the case of the revisionists to Sessions, because another case under Section 307 I. P. C. with respect to the same occurrence, had already been committed to Sessions. This committal was obviously made to avoid the possibility of conflicting findings by different Courts of competent jurisdiction with respect to one and the same matter.

(2.) THE case thus committed was registered as Sessions Trial No. 73 of 1978. It was tried by an Assistant Sessions Judge, who convicted the revisionists and sentenced them to undergo different terms of imprisonment for the aforesaid offences. THE appeal preferred by the revisionists before the Sessions Judge was dismissed. THE revisionists then filed the present revision in this Court.

(3.) SECTION 209 and SECTION 323 Cr. P. C. thus contemplate two different situations. Under SECTION 209 Cr. P. C. a case disclosing an offence exclusively triable by a Court of Session has to be committed to that Court, whereas under SECTION 323 Cr. P. C. if the inquiry being conducted, or the trial being held by a Magistrate discloses an offence, which ought to be tried by the Court of Sessions, the Magistrate is bound to commit it to that Court. The present Code of Criminal Procedure has divided offences into two watertight compartments. One category of cases is exclusively triable by the Court of Sessions, whereas the other one is exclusively triable by Magistrates. There is no overlapping of jurisdiction of those Courts under the present Code as was the situation under the old Code. If a case instituted before a Magistrate prima facie shows that it is triable by the Court of Sessions, the Magistrate, has no option but to commit it to that Court. After the receipt of the record of the committed case the Sessions Judge can discharge the accused under SECTION 277 Cr. P. C. or if in his opinion, the material discloses commission of a lesser offence, triable by a Magistrate he can frame a charge against the accused for that lesser offence and can transfer the case for trial to the Chief Judicial Magistrate concerned If, on the other hand, the case instituted before a Magistrate discloses offences triable by him, he has to proceed with the trial. Situations can, however, arise before a Magistrate which may justify him to keep his hands off the case or to commit it to Sessions, or to transfer it to a Court which may be in a position to award adequate punishment to the accused. Those situations are contemplated by SECTIONs 322, 323 and 325 Cr. P. C.