MURALIDHARAN Vs. STATE

JUDGEMENT

(1.) But for the disturbing features in the legal parlance caused by the lower subordinate judiciary, there would not have been any occasion to admit this revision in exercising the revisional jurisdiction of the High Court. The challenge before me in this revision pertains to the order passed by the learned First Additional Sessions Judge-cum-Chief Judicial Magistrate, Coimbatore in Crl.M.P. No. 315 of 1996 in S.C.No. 83 of 1995 dated 2-4-1996 refusing to refer the matter to the High Court under Section 395 (2) of the Code of Criminal Procedure or to remit the whole case to the file of the Judicial Magistrate No. III, Coimbatore, to follow the procedure laid down under Section 306 (4) of the Code of Criminal Procedure.

(2.) The matrix of the matter to be highlighted in brief is that in view of the previous enmity, the deceased-first accused, by name, Mahesh @ Maheswaran and Muralidharan, the petitioner herein are alleged to have entered into a criminal conspiracy along with one Mohankumar, who has been treated as an approver on 4-2-1994 to commit the murder of one Dhakshinamoorthy and in furtherance of the same at about 12.00 midnight on 8/9-2-1994 the said deceased Dhakshinamoorthy was taken from his house under some pretext or other to a secluded place to the west of Ayyar Hospital. Udayampalayam Road where the deceased-accused and the petitioner herein are said to have inflicted several cut injuries and stab wounds on the deceased Dhakshinamoorthy with lethal weapons like koduval and button knife respectively, as a result of which the said Dhakshinamoorthy succumbed to the injuries, subsequently in the hospital and hence, after the investigation made by the investigating agency by setting the law in motion, a final report against the above accused for the commission of offences under Sections 120-B and 302 Indian Penal Code was filed before the Court and the same was taken cognizance of by the learned Judicial Magistrate No. 3, Coimbatore in P.R.C. No. 4 of 1995 on 31-5-1995. It appears further the case was committed to the Principal Sessions Court, Coimbatore under the relevant procedural law as the case was found to be exclusively triable by a Court of Session and consequently, learned Principal Sessions Judge has made over the trial of the case to the Court below. It appears that after the committal, it was noticed that the other accused by name, Mahesh was not produced, however, a report was received from the Superintendent of Central Prison, Coimbatore, stating that the said other accused had committed suicide in the prison itself by hanging and accordingly, the death of the other accused by name, Mahesh was recorded.

(3.) On perusing the entire materials placed before the trial Court, charges were framed against the accused/petitioner herein under Sections 120-B and 302 Indian Penal Code and when questioned, the accused/petitioner pleaded not guilty.