ORDER
Hari Shankar Prasad, J.
1. Heard learned counsel for the parties.
2. This application under Section 407 of the Code of Criminal Procedure has been filed for transfer of Sessions Trial No. 368/2003 from the Court of Additional Sessions Judge, FTC-II, Bermo at Tenughat under Bokaro Sessions Division to any other Court of Sessions in the Sessions Division of Giridih.
3. Facts leading to filing of this application are that on 18.6.2003 one Dhaneshwar Mishra filed a complaint case being Complaint Case No. 119/2003 in the Court of Additional Chief Judicial Magistrate, Bermo alleging, inter alia, therein that he married his daughter Punita Devi with Sheo Nandan Mishra on 15.5.2002 in a temple and she was treated by her in-laws nicely for about 4-5 months but thereafter she was being ill-treated and harassed mentally and physically. She was asked to bring a colour TV. from her parent and the complainant had provided a TV. in the month of January, 2003. It is further alleged that thereafter a motor cycle was demanded in the month of March, but that could not be fulfilled. The complainant sent his another daughter and her husband to persuade the asural people but they repeated their demand of motorcycle. On 7.5.2003, it is alleged that the sasural people set her body on fire by sprinkling kerosene oil on her body and got her admitted at Bokaro General Hospital, Bokaro for treatment, where she said to have stated to the complainant that she was burnt by her husband and in-laws and finally she died at hospital on 8.6.2003 during her treatment.
4. The alleged complaint was sent to police for institution of a case under Section 156(3), Cr PC and the officer-in-charge, Jaridih P.S. instituted a case under Section 498-A and 304-B of the Indian Penal Code against the petitioners and others being Jaridih P.S. Case No. 56/2003.
5. On the basis of charge-sheet, learned Additional Chief Judicial Magistrate took cognizance and committed the case to the Court of Sessions Judge, Bokaro but the Sessions Judge, Bokaro transferred the case to the Court of Additional Sessions Judge, FTC-II, Bermo at Tenughat for favour of disposal.
6. The contention of learned counsel for the petitioner is that place of occurrence, according to the prosecution case, is the sasural of Punita Devi, which is Qumari village, P.S. Dumri in the District of Giridh and so the additional Sessions Judge, FTC-II Bermo at Tenughat has no jurisdiction to try the case due to lack of jurisdiction. A petition to that effect was also filed before the Additional Sessions Judge, FTC-II, Bermo at Tenughat in Sessions Trial No. 368/2003 pointing out that the said Court has got no territorial jurisdiction to try the case, as the entire occurrence has taken place at village Dumri in the district of Giridih but on 21.7.2004 the learned Fast Track Court II rejected the application simply because Punita Devi was admitted in Bokaro General Hospital in Burning Ward on 8.5.2003 for treatment and she died there on 8.6.2003 and, therefore, under Section 179, Cr PC the Sessions Judge, Bokaro has got jurisdiction in the case.
7. Learned counsel for the petitioner referred to Section 179, Cr PC and submitted that every offence shall ordinarily be enquired into and tried by a Court, within whose local jurisdiction it was committed. It appears that occurrence has taken place in the matrimonial home of Punita Devi, which is I.B. Petrol Pump, P.S. Dumri, District Giridih and, therefore, the Court of District of Bokaro Sessions Division has got no jurisdiction to try the case but only Sessions Division of Giridih has got the jurisdiction to try the case. Reliance in this connection, was placed upon 2003 (2) JCR 667 (Jhr), wherein it has been held that the jurisdiction of Court, so far enquiry and trial of offence are concerned has to be enquired into and tried by the Court within whose local jurisdiction it was committed. In this connection, my attention was drawn to para 3 of the aforesaid case law, which are quoted hereinbelow :
“3. The victim lady alleged that on 9.7.2002 she along with her husband had gone to the clinic of the accused for her treatment, where the accused is said to have attempted to commit rape on the informant, on the pretext of treatment. From the First Information Report it appears that the clinic of the Doctor was situated at village Sondiha within Ghato Police Station which falls in the district to Hazaribagh.
4. As has been mentioned, in the order dated 20.2.2003 of the learned Additional Sessions Judge, it appears that both the sides i.e. prosecution, as well defence, admit that place of occurrence falls within the district of Hazaribagh.
5. Section 177 of Cr PC provides for ordinary place of inquiry and trial which reads as under:”every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction” it was committed.
6. In such a situation, the trial of the case can only be held by a competent Court having territorial jurisdiction i.e. within the territorial jurisdiction of Hazaribagh.”
8. Reliance was also placed upon 2004 (3) East Cr. Cases 181 and it has been asserted that as the Bokaro Sessions Division has got no jurisdiction, the case should be transferred to the Sessions Division at Giridih, where the competent Court will hold enquiry or trial whatever may be the stage.
9. On the other hand, learned counsel for the opposite party submitted that the FIR was lodged within the Bokaro Sessions Division and the FIR was also sent to the competent Court at Bokaro, where cognizance was taken and case was committed to the Court of sessions and further the case is proceeding in accordance with law.
10. The learned counsel for the petitioners further pointed out that the case is one under Section 498-A and 304-B, IPC and there are several cases lodged on this point that offence under Section 498-A, IPC is a continuing offence and, therefore, case will lie at the another place also. In this connection reliance was placed upon . In this case a principle has been laid down that even if there are restriction on territorial jurisdiction, cognizance taken by the Judicial Magistrate, 1st class is not impaired. Reliance was also placed upon 1998 Cr. LJ 554, wherein it has been held that offences under Sections 406 and 498-A of the Penal Code are continuing offence.
11. In the instant case, materials, which have come on record, are that the occurrence of burning took place within the territorial jurisdiction at Giridih, but she was immediately shifted to the hospital at Bokaro, where in course of treatment she died and since marriage was solemnized within seven years from the date of occurrence and, therefore, Section 304-B, IPC was not applicable in view of the fact that this occurrence took place as a result of demand of dowry and offence under Section 304-B was completed at the hospital in Bokaro and if the case is transferred back to the sessions division at Giridih, then a question will arise that deceased was burnt within the territorial jurisdiction at Giridih but she had not died there and, therefore, offence under Section 304-B will not be made out and offence under Section 304-B will be made out only after her death and she died at Bokaro hospital and, therefore, offence of death, which was due to demand of dowry, was completed at Bokaro and, therefore, Section 304-B was applied to the Sessions Division at Bokaro and Sessions Division Bokaro shall have the jurisdiction to try the case. In this connection Section 179, Cr PC may be referred, where it is stated that offence triable where act is done or consequence ensues. It is clear that consequence of death was as a result of demand of dowry and torture, committed by accused persons and death was done at Bokaro and, therefore, sessions division at Bokaro has got jurisdiction to try the case.
12. Here in the instant case, offence under Section 304-B became complete at the moment when she died in Bokaro hospital and, therefore, under Section 179, Cr PC, the Sessions Division at Bokaro has got jurisdiction to try the case and in that view of the matter, prayer for transfer of the case is hereby rejected, but in the circumstances, without any order as to costs.