Judgment

OZA, J. :- These appeals have been preferred by the State of Karnataka against the judgment of the High Court of Karnataka setting aside conviction of the respondents and remanding the cases before the Sessions Court for retrial.

2. The respondents were committed for trial to the Sessions Judge, Metropolitan Area, Bangalore City in number of Sessions cases including Sessions Case No. 35 of 1980 in respect of an offence under S. 302 for which after trial the respondent Kuppuswamy was sentenced to death and also for offence under S. 332 of the Indian Penal Code and sentence of rigorous imprisonment of one year. Against the conviction and sentences appeals were preferred before Honble the High Court. Kuppuswamys matter also came before the High Court apart from his appeal also by reference.

3. The facts which gave rise to these appeals were that about 2 a.m. on 9th April, 1980 it was alleged that Kuppuswamy the present respondent stabbed Narayanaswamy who expired at 11 p.m., and also Ramu who expired at 8.05 p.m. and also Sunil Kumar, Sub-Inspector of Police, who expired at 2.30 a.m. on the next day. Sunil Kumar and his police party happened to go there in a van on hearing galata in the railway platform of the Cantonment Railway Station, Bangalore, and when Sunil Kumar caught hold of the wrist of the accused respondent, he somehow managed to slip out and stabbed him. P.W. 1 Ulaganathan, who was the Senior Trains Clerk, went and lodged the First Information Report Ex. P-1. Investigation was taken up and after investigation charge-sheet was filed. it is not necessary for us to go into these questions as question involved in these appeals is merely a technical question pertaining to procedure and does not pertain to the merits of the matter.

4. The accused persons were committed to the Sessions Court, Metropolitan Area, Bangalore City and, it appears that the Principal Sessions Judge Metropolitan Area, made over the Sessions case in exercise of his powers under S. 194 of the Criminal P.C. to II Additional Sessions Judge, Metropolitan Area, Bangalore City who framed charges on 21-8-80 and recorded the plea of the accused persons.

5. On 17th November, 1980 City Civil Courts Act came into force. Monthly statements of cases wherein the accused persons were in custody were prepared and it appears that these statements also reached the High Court and have been made use of by the learned Judges in disposing of these appeals. It has been observed by the learned High Court that in the monthly statement of October, 1980 Sessions Case No. 35 of 1980 (with which we are concerned) is shown having been pending on the board of II Additional Sessions Judge, Metropolitan Area, Bangalore City and was posted for evidence. It is further observed by the learned Judges of the High Court that the statement of November, 1980 which was prepared after the Bangalore City Civil Courts Act was brought into force and powers of Sessions were conferred on all the City Civil Judges under S. 9(3), Cr.P.C. by the High Court, this case has been shown as pending before the IV Additional City Civil and Sessions Judge. Metropolitan Area, Bangalore City. The High Court has also referred to a Notification issued on 30th January, 1981 by the Registrar of Bangalore City Civil Courts saying that Sessions cases and other matters pending before the II, III and VI Additional City Civil and Sessions Judges are to be tried by them and on 12th Jan., 1981 the III Additional City Civil and Sessions Judge, Bangalore City recorded the evidence in the case. It is also observed by the High Court in its judgment that the Office informed the learned Judges that there was no order of transfer under S. 407, Cr.P.C. transferring this case viz. Sessions Case No. 35 of 1980 from the file of the IV Additional City Civil and Sessions Judge to the file of III Additional City Civil and Sessions Judge.

6. Under S. 194, Cr.P.C. the Principal City Civil and Sessions Judge, Metropolitan Area, Bangal