Sarasamma @ Saraswathiyamma vs The State Rep. By Deputy Superintendent ...

3. The brief facts of the case, including its genesis, which are 1 necessary for the purpose of disposal of the case are that in the year 1992, one N. C. Raman, who was alleged to be the head man of Nagamangalam village, was murdered by certain persons. The aforesaid case was registered, as Crime No. 302 of 1992, before the jurisdictional police station. In the context of the aforesaid case N.C.Chandrashekran, husband of the appellant herein, was alleged to have been murdered at Hosur Bus Stand (Tamil Nadu), as N.C.Chandrashekran was an eye witness to the earlier murder of his deceased brother (N. C. Raman).

4. Accordingly, a First Information Report, being FIR No.614 of 1995, dated 15-8-1995, was initially registered under Section 307 of the Indian Penal Code [IPC] at Hosur Police Station but after the death of deceased (N.C.Chandrashekran), Section 307 was altered into Section 302 IPC. In the year 1997, one Ramachandran, son of Marappa, a different person than respondent no. 3 (Ramachandran son of Thimmaiya), along with another accused surrendered before the Magistrate with reference to FIR No.614 of 1995. Thereafter, first Charge-sheet was filed against the said Ramachandran son of Marappa and in the 2 year 2012, the complainant who is the present appellant herein, gave a representation to the concerned Police Station indicating that the original accused viz. Ramachandran son of Thimmaiya (respondent no. 3 herein) was not arrested and in his place, Ramachandran son of Marappa (an alleged imposter) was shown as an accused. Therefore, she requested that the original accused Ramachandran son of Thimmaiya (respondent no. 3) be arrested and tried.

5. In the context of the representation, the police investigated into the matter and found that certain police men were involved in the active concealment of the real accused. Thereafter, on 30-4-2015, a supplementary charge-sheet was filed, against the present Respondent No.2, Ramachandran son of Thimmaiya (respondent no.3) along with two accused Police officials who were alleged to have actively connived in suppressing the identity of the true accused. It was brought to our notice that further investigation was carried out and proceedings before the Sessions Court have been inordinately delayed. After filing the supplementary Charge-sheet, the Court took cognizance and committed the case to the Sessions Court at Hosur in Sessions Case No.81 of 2016.

19. A brief factual matrix is that the husband of the appellant herein was murdered on 05.07.2012 by respondent no. 2 to 26 herein. It may not be out of context to note that respondent no. 2 and respondent no. 3 (ex-MLA) are common accused in both the petitions. A FIR, being Crime No. 143 of 2012, was registered under Sections 147, 148, 341, 120 (B), 307, 302 of IPC, Section 25(1)(B) of Arms Act and Section 5 of Explosives Act, by the Appellant’s son. Thereafter, a charge-sheet was filed before the Additional District Court, Hosur in SC No. 1 of 2013 on 03.10.2012.

18. This case is filed seeking transfer of the criminal case being SC NO. 1/2013, pending before the Additional Sessions Court, Hosur to anyplace outside Hosur.

21. By the impugned order dated 23.01.2018, the High Court dismissed the transfer petition on the ground that transfer of the case at the belated stage of the trial would be prejudicial instead directed the trial court to dispose of the case expeditiously. Aggrieved by the same the Appellant is in appeal before this Court.

24. As justice should not only be done, but also seem to have been done, it would be necessary that the trial should take place in a fair and transparent manner, wherein there should be no element of bias or witness tampering. As the appellant has clearly made out a case for transfer, we are inclined to accept the prayer sought by the Appellant in this case. Accordingly, the case being SC No. 1 of 2013 pending before the Additional Sessions Court, Hosur is directed to be transferred to Principal Sessions Court at Salem, Tamil Nadu. Further the trial court is directed to conduct the trial in an expeditious manner and uninfluenced by any observations made herein.

25. Accordingly, the appeals stand allowed in the above terms 13 and pending applications, if any, shall also stand disposed of.