In Brief
A man belonging to the Khasi Scheduled Tribe was charged with murder under sections 302 and 201 of the Indian Penal Code. He sought to transfer his trial from the Sessions Court to the District Council Court, arguing both he and the deceased victim were tribal members. The Supreme Court upheld the High Court's transfer order. Held: where both the accused and victim in a criminal case belong to the same Scheduled Tribe within an autonomous district, and the Governor has conferred relevant powers on the District Council Court, such court has exclusive jurisdiction to try the case. The term 'case' in the Sixth Schedule includes criminal proceedings affecting tribal parties, irrespective of the State being the technical complainant.
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