TMI Blog1981 (7) TMI 250X X X X Extracts X X X X X X X X Extracts X X X X ..... re City, (Sri. S. V. Tilgul), in Sessions Case No. 35 of 1980. In regard to the offences under S. 302 of the I.P.C., he has been sentenced to death while in regard to the offence under S. 332 of the I.P.C., he has been sentenced to undergo rigorous imprisonment for one year. He has filed Criminal Appeal No. 215 of 1981. Criminal Referred Case No. 1 of 1981 has come up before us as having been referred by the said Sessions Judge as per the provisions of S. 366 of the I.P.C. 2. Few facts necessary for the disposal of these matters, may be narrated as follows : At about 2.00 a.m. on 9-4-1980 the said accused stabbed Narayanaswamy who expired at 11.00 p.m., Ramu who expired at 8.05 p.m., and also Sunil Kumar, Sub-Inspector of Police, who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd of November 1980 i.e., after the coming into force of the Bangalore City Civil Courts Act and conferring of Sessions powers under Section 9(3) of the Cr.P.C. by the High Court on all the City Civil Judges appointed under the Bangalore City Civil Courts Act, the case has been shown as pending before the IV Additional City Civil and Sessions Judge, Metropolitan Area, Bangalore City, and posted for evidence. On 30-1-1981, the Registrar of the Bangalore City Civil Courts, Bangalore, has issued a notification. This notification shows that all the Sessions cases and other matters pending before the II, III and IV Additional City Civil and Sessions Judges are to be tried by them. On 12-1-1981 the III Additional City Civil and Sessions judge, Me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have the necessary power to try and dispose of the case. In view of this position, we are clearly of opinion that the trial held by the III Additional City Civil and Sessions Judge, Metropolitan Area, Bangalore City, is not at all a trial in the eye of law. Hence, S. 465 of the Criminal P.C. also cannot be made use of to regularise this trial. 5. In view of the foregoing reasons, the convictions and sentences passed on the accused are to be set aside. But at the same time the accused cannot be set at liberty taking into consideration the gravity of the offences which he is alleged to have committed and with which he have been charged by the II Additional Sessions Judge, Metropolitan Area, Bangalore City, he is to be tried over again in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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