REX Vs. PATI RAM

JUDGEMENT

(1.) Hallu and Pati Earn, residents of Lashkar, Gwalior State, were charged with the commission of an offence of murder of Cbokhey Lai, Constable, by causing injuries on His skull with a spade on 9th April 1947, at about 8 A. M. near about railway culvert No. 881, mile 151/5-7, between railway stations Sitbauli and Sandalpur on the G. I, P. railway lands in Gwalior State territory. On some date -before 4th May 1947, the accused were arrested, and on 4th May 1947, identification proceedings were held.

(2.) The charge sheet against the two accused was framed by the Government Railway Police, Gwalior State, on 8th August 1947, but it was submitted to the City Magistrate,, Jhansi, on 27th August 1947. The inquiry was held by the learned Magistrate and by an order dated 81st December 1947, the learned Magistrate committed the accused to stand their trial before the Sessions Judge of Jhansi, within the territories of the Indian Dominion.

(3.) The learned Sessions Judge, being of opinion that the Indian Courts could not try this case because of constitutional changes brought about on 16th August 1947, has referred the matter to this Court with a recommendation that the proceedings may be quashed and the record may be Bent to a competent Court in Gwalior State.