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2018 Supreme(Mad) 1330

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. Subbiah, A.D. Jagadish Chandira, JJ.
In Re: Reference made under Section 395 of The Code of Criminal Procedure made by the learned II Additional District and Sessions Judge, Tiruchirapalli – Appellant
S.C. No. 44 of 2014
Decided On : 31-01-2018

Advocates Appeared:
C. Ramesh, Additional Public Prosecutor and Ajmal Khan, Senior Counsel as Amicus Curiae

Headnote:

Code of Criminal Procedure, 1973 – Sections 395, 239, 234, 235 – Conduct of trial – II Additional District and Sessions Judge, Tiruchirapalli vide letter bearing Reference D., addressed to the Registry of this Court, sought certain clarifications, as contemplated under Section 395 of The Code of Criminal Procedure with respect to conduct of trial in S.C. on its file. – Such a clarification sought for by the learned II Additional District and Sessions Judge, Tiruchirapalli was ordered to be treated as a reference as contemplated under Section 395 (2) of the Code and placed before this Court for passing appropriate orders thereof. – Held, II Additional District and Sessions Judge, Tiruchirapalli has also sought a clarification with respect to the procedure adopted by his predecessor in recording common evidence in both the sessions case and retaining one set of evidence in one Sessions Case and placing xerox copy of the evidence in the other case, which does not contain the signature of the witnesses as well as the Presiding Officer. – At the outset, Court do not find any infirmity in the procedure adopted by the predecessor of the II Additional District and Sessions Judge. – As stated above, certain witness examined so far in both the Sessions Case are common and one and the same. – The exhibits marked in both the Sessions Case are one and the same. – In a joint trial, when common evidence is let in, the said evidence let in, in one of the sessions case, can be used in the other sessions case by retaining xerox copy of the same. – The said procedure cannot be said to be unknown to law. – If at all, the xerox copies of the depositions can be retained in one of the Sessions Cases, such xerox copies can be attested by the Presiding Officer of the Court, after comparing the same with the original deposition of witnesses. – Order Accordingly

ORDER :

R. Subbiah, J.

1. The learned II Additional District and Sessions Judge, Tiruchirapalli vide letter bearing Reference D. No. 749 dated 29.08.2017, addressed to the Registry of this Court, sought certain clarifications, as contemplated under Section 395 of The Code of Criminal Procedure (hereinafter referred to as "The Code"), with respect to conduct of trial in S.C. Nos. 44 of 2014 and 161 of 2015 on its file. Such a clarification sought for by the learned II Additional District and Sessions Judge, Tiruchirapalli was ordered to be treated as a reference as contemplated under Section 395 (2) of the Code and placed before this Court for passing appropriate orders thereof. The facts leading to S.C. Nos. 44 of 2014 and 161 of 2015 on the file of the learned II Additional District and Sessions Judge, Tiruchirapalli and which necessitated the learned II Additional District and Sessions Judge, Tiruchirapalli to make the present reference are as follows:-

2. As per the letter dated 29.08.2017 of the Judicial Officer, it could be seen that there are three Sessions Case pending on his file namely Sessions Case No. 161 of 2015, 44 of 2014 and 20 of 2017. The sum and substance of the case of the prosecution in S.C. No. 44 of 2014:-

S.C. No. 44 of 2014:-

3. On 17.11.2013 at about 08.00 hours, Tr. N. Prabhu, Village Administrative Officer in charge of Peramangalam Village received an intimation that foul smell is emanating from an oil barrel near Nambiappan rice mill. On the basis of such information, he proceeded to the mill and on opening the oil barrel, he found the dead body of an unidentifiable female aged about 25 years in blue colour nighty with cut injuries on her neck and body. On the basis of the complaint given by Village Administrative Officer, a case in Crime No. 141 of 2013 was registered for the offences punishable under Sections 302 and 201 of IPC in Pulivalam Police Station on the same day at 10.00 hours. Upon registration of the first information report, investigation commenced and during the course of such investigation, it came to light that the deceased in the case is Vinitha @ Sathiya and she was the daughter of the second accused Yamuna. It also came to light that the second accused Yamuna was living along with her son Selvakumar and daughter Vinitha @ Sathiya (deceased in the case) and the whereabouts of the husband of Yamuna was not known for the past ten years. It was further unfolded during the investigation that A-2 Yamuna was having an illicit relationship with Kannan (A-l) for the past 8 years and the frequent visit of A-1 to the house to meet A-2 was opposed by her son Selvakumar and daughter Vinitha @ Sathiya. They have also opposed the sale of the house by A-2 so as to develop the workshop of A-1. The son of A-2 namely Selvakumar and daughter Vinitha @ Sathiya also threatened A-2 that if she attempts to sell the house, they would reveal the murder of Durairaj and his driver (subject matter of Crime No. 27 of 2017 under Section 302 of IPC on the file of Vaiyampatti Police Station). Therefore A-1 and A-2 hatched a criminal conspiracy to do away with the life of the son of A-2 namely Selvakumar. With that intention, on 28.10.2013, A-1 with the active assistance of A-2 along with one Seethalakshmi A-3 murdered Selvakumar, son of A-2, on 28.10.2013 when he was sleeping inside the house, by inflicting cut injuries. On 15.11.2013, the daughter of A-2 questioned her mother as to the absence of her brother and confronted A-2. Enraged by this, A-1 Kannan and A-2, Yamuna conspired together and murdered Vinitha @ Sathiya on 15.11.2013 at 3.30 pm by stabbing her with a double edged knife when she was sleeping in the house resulting in her instantaneous death. Thereafter, A-1 transported the dead body in an oil barrel and disposed it of in Periyakulam Village, hence, the charge. This is the gist of allegations in S.C. No. 44 of 2014. The investigation in this case was transferred to the Deputy Superintendent of Police












































































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