RAVENDRA KUMAR NAMDEO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition under Sec. 407 of the Code of Criminal Procedure (CrPC) has been filed for transfer of Session Trial No.71/2021, State of Chhattisgarh Vs. Nitin Limbu and others, from the Court of Second Additional Sessions Judge, Rajnandgaon to the Sessions Court at Bilaspur or any other Sessions Division.

(2.) The petitioner is the father of the deceased Shubham Namdev who was allegedly murdered on 10/9/2018. Respondents No. 9 to 11 herein are facing trial before the Court of Second Additional Sessions Judge, Rajnandgaon in Sessions Trial No.71/2021 for the offence punishable under Ss. 302, 201, 120B, 193 of IPC and Ss. 25 and 27 of the Arms Act.

(3.) Learned counsel for the petitioner submits that the accused persons are quite competent to get the witnesses change their evidence and are very influential and hardcore criminals. It is clear from the record of the trial Court that number of criminal cases are pending against them and they are a serious threat to the society. The State is bound to ensure protection of the victim and the witnesses. Fair trial is a part of right to life and personal liberty guaranteed under Article 21 of the Constitution of India. Without fair trial, the entire criminal justice system would be a failure. The accused persons are very much influential in the entire district of Rajnandgaon and adjacent ones, and ends of justice would meet if the trial is transferred from Sessions Division, Rajnandgaon to another Sessions Division. The affidavit and complaint made by Smt. Bharti Belchandan coupled with all the attending circumstances clearly explain that if the trial is allowed to continue at Sessions Division, Rajnandgaon, it would not be in the interest of justice and would just be an empty formality and a futility. He further submits that it is a matter of serious concern that persons in custody are able to threaten the victim and the witnesses and can get away from a serious criminal charge, which on the one hand, would amount to failure of justice and on the other, will lead to further and more heinous offence in future. Reliance has been placed on the decision of the Madras High Court in the matter of Chitra Vs. The Additional District Superintendent of Police, (2019) CriLJ 3639; Sarasamma @ Saraswathiyamma Vs. State Rep. By Deputy Superintendent of Police, (2018) AIR (SC) 2287; and Sesamma Phillip and Etc. Vs. P. Phillip and etc., (1973) AIR (SC) 875.