SATISH JAGGI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is a petition filed under Section 407 of the Code of Criminal Procedure for transfer of Sessions Trial No. 329/2005 (State through C.B.I, v. Amit Jogi and 30 others) pending in the Court of Sessions Judge, Raipur (C.G). The petition has been filed by the complainant^ first informant who happens to be the son of the deceased.

(2.) The brief facts are that one Ram Avtar Jaggi, a leader of Nationalist Congress Party was shot dead in Raipur on 04.06.2003 at about 11 p.m., and in this connection, a report was lodged by the petitioner vide FIR No. 105/2003 which was registered under Section 302 of the IPC. The matter was handed over to the C.B.I., and after due investigation, the CBI, filed charge sheet under Sections 120-B, 302,427 and 201/34 IPC and Sections 25 and 27 of the Arms Act. After committal to the Court of Sessions on 08.9.2005, the learned Sessions Judge, Raipur made over this case for trial to the Court of 3rd Additional Sessions Judge, Raipur. During the course of trial, the said Court recorded evidence of about 150 prosecution witnesses and about 53 witnesses were given up. Thereafter, a transfer petition was filed by the accused persons vide M.Cr.C.No. 1796/2006 and by an order dated 21.6.2006, this Court directed for transfer of this case from the Court of 3rd Addl. Sessions Judge to the Court of Sessions Judge, Raipur and the proceedings of further trial commenced before the said Court. At that time, one Mr. R.S. Sharma, was the Sessions Judge, Raipur. It is stated that Mr. R.S. Sharma, examined 4 prosecution witnesses and he also examined 21 defence witnesses cited by the defence. Thereafter, by an administrative order, passed by the High Court, Shri Sharma was transferred from Raipur to Janjgir-Champa and Shri Sanman Singh, the present Sessions Judge, was transferred to the Sessions Division Raipur as the new District and Sessions Judge, before whom, the further proceedings of the trial commenced. It is stated that he also examined two more defence witnesses and as per information furnished by counsel for the petitioner, the trial is now at the stage of final decision.

(3.) The petitioner has filed this petition mainly on the ground that Mr. Sanman Singh is the elder brother of one Gulab Singh, who is a sitting Congress (I) M.L.A., and Mr. Gulab Singh is very close to Mr. Ajit Pramod Jogi, the father of respondent no. 3 (one of the accused persons) who also happens to be a sitting Member of Parliament belonging to the same party. It is pleaded vide para 6 of the petition that it is verily believed that Mr. Gulab Singh was and is very close to Mr. Ajit Pramod Jogi right from the time when the latter was the Chief Minister of the State, therefore, the petitioner has bona fide and genuine apprehension that he will not get justice if the trial of the aforesaid case is finally concluded by Mr. Sanman Singh as the Sessions Judge, Raipur. Along with the above main ground, the petitioner has also taken an additional ground that a great prejudice would be caused if a new judge, who had neither recorded the evidence of any of the prosecution witnesses examined by the CBI., during the trial nor had recorded the examination of the accused persons and about 20 defence witnesses (who were examined by Mr. R.S. Sharma), continues with the trial at such a belated stage. On these grounds the petitioner has prayed for transfer of thi^ case from the Court of present Sessions Judge, Raipur to the Court of Shri R.S. Sharma, the then Sessions Judge, who is presently posted as Sessions Judge, Janjgir- Champa, or to pass necessary orders directing Mr. R.S. Sharma, the Sessions Judge, Janjgir-Champa to conclude the above Sessions Trial by camping at Raipur for that purpose.