RANBIR SINGH Vs. STATE

JUDGEMENT

(1.) This is an application by Ranbir Singh under section 526 of the Code of Criminal Procedure seeking transfer of two cases, one under sections 409, 467 and 477-A, Indian Penal Code, and the other under section 467 and 466, Indian Penal Code, pending against the petitioner in the Court of Shri Salig Ram Seth, Assistant Sessions Judge, Delhi.

(2.) A number of allegations have been made by the petitioner to show that the trial court is prejudiced against him and that he would not have a fair trial, but, in my opin on, it is not necessary to go into all of them as there is material on the record to indicate that the learned Assistant Sessions Judge is prejudiced against the petitioner. The petitioner has stated in the application that on 19th October, 1965 the evidence of a witness, whose name was probably Attar Singh, was taken on the lawyer's table in the Court room, while the learned Judge simultaneously heard arguments in another case. The record of the evidence was dictated by the Special Public Prosecutor and during cross-examination the defence counsel dictated a part of the answers. The Special Public Prosecutor took exception to that and rushed to the learned Judge saying that the opposite counsel had not properly dictated the answers. The Judge thereupon remarked "Don't worry, after all the case has to be decided by me."

(3.) Comments of the trial Judge with regard to the allegations made in the application were called and he has not expressly denied the allegation that the evidence in the case against the petitioner of a witness was recorded on the lawyer's table while he was hearing arguments in another case. This practice of leaving the recording of the evidence to the Public Prosecutor and the defence counsel, and of hearing arguments in another case, cannot but be deprecated. The recording ,of evidence is a vital part of the trial and it is essential that the evidence should be recorded under the direct supervision of the Presiding Officer because he has not only to look to the demeanour of witnesses in giving replies but has also to see that no irrelevant material comes on the file and that th3 replies of the witnesses are recorded correctly.