DEBNU Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 526 (1) (e). Criminal P. C., wherein I am requested to direct that a case against the petitioner and seven others under Section 201, read with Sections 194, 149 and 34, I. P. C., pending in the Court of Mr. Chandel, Magistrate first class, exercising Section 30 powers, at Nahan) be committed to the Court of Sessions. The petition, as originally filed, was on behalf of Debnu alone. Subsequently, learned counsel for the petitioner filed his power for the remaining accused persons.

(2.) The petition arises under the following cir-cumstances: Debnu, petitioner, is being prosecuted in another case under Section 302, I. P. C. That case has been committed to the Sessions on the 26th-of the last month, vide a certified copy of the commitment order on the record. The prosecution case was that one Ajba murdered Lachmi Singh, and Mt. Kukmi and Debnu, in his turn, murdered Ajba. Debnu and the remaining accused persons removed the bodies of Lachmi Singh and Rukmi-and hid them in the jungle.

(3.) Learned counsel for the petitioner argued his case from two points of view, (a) Firstly, that the Magistrate had no jurisdiction to try the case under Sections 194 and 201, read with Sections 149 and 34, I. P. C. His contention is that although Mr. Chandel, Magistrate first class, Nahan, is invested with powers under Section 30, Criminal P. C., nevertheless, he does not become a Court of Sessions. He pointed out that under Schedule II to the Criminal Procedure Code, an offence under the first part of Section 194, I. P. C., is punishable with transportation for life, or rigorous imprisonment for ten years and is triable by a Court of Sessions. It is, therefore, urged that Mr. Chandel has no jurisdiction to try the case. The learned Government Advocate, in reply, has rightly pointed out that under Section 28, Criminal P. C., offences enumerated in Schedule II are triable by the Courts specified in column 8 of that Schedule, 'subject to other provisions of the Code'. In other words, Section 28 has to be read along with Section 30 which says that the Provincial Government may invest the District Magistrate or any Magistrate of the first class, with power to try as a Magistrate, all offences not punishable with death. An offence under the first part of Section 194, I. P. C., is not punishable with death and, therefore, a Magistrate empowered under Section 30, Criminal P. C., like Mr. Chandel, is certainly competent to try the case. If any authority is needed to support this view, please see-- 'Emperor v. Prithinath', AIR 1938. Nag 56 (A), wherein Gruer, J., pointed out: