BABULAL Vs. STATE

JUDGEMENT

(1.) THIS criminal reference has been made by the Additional Sessions Judge, Jaipur City No. 2, which raises a question of jurisdiction.

(2.) THE appellant in this case was driving a truck from Jaipur towards Harmad. This truck collided with a bicycle causing the death of one Nathu. THE appellant was challaned under sec. 304a of the Indian Penal Code and tried by the City Magistrate, Jaipur. THE learned City Magistrate, found the appellant guilty under sec. 304a of the Indian Penal Code and sentenced him to six months' rigorous imprisonment. THE appellant preferred an appeal before the Additional Sessions Judge, Jaipur City No. 2. THE learned Public Prosecutor raised an objection that as Harmada, the place of occurrence, is not within the jurisdiction of the Addl. Sesns. Judge, Jaipur City No. 2, that court had no jurisdiction to hear the appeal and the appeal lay to the Sessions Judge of Jaipur District. THE counsel for the appellant also was of the same view. THE Additional Sessions Judge, Jaipur City No. 2, however, is of the opinion that he has jurisdiction to hear this appeal because the judgment was passed by the City Magistrate, Jaipur. He has, however, added that as there is conflict in views of different High Courts on this point, a reference to this Court was necessary.