KUNDI LAL MASODI LAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THE applicants, who are the accused in Sessions Trial No. 13 of 2006, State Vs. Kundi Lal and another U/s 307 I. P. C. , pending in the Court of Sessions Judge, Chamoli, have moved this application under Section 407 of the Cr. P. C. for transfer of the case from the Court of Sessions Judge Chamoli to any other District.

(2.) THE petitioners have taken the ground in the application that the respondent No. 2, Sri Kuldeep Bartwal is an Additional D. G. C. (Criminal) in the District Chamoli. It has further been averred in the petition that the D. G. C. (Criminal) Chamoli Sri Santosh Kumar Dimari is also a witness in this case, therefore, on account of this fact that both the Lawyers are deeply involved in the case, the petitioners are not getting any lawyer in the District of their choice for their defence. This fact that the D. G. C. (Criminal) Chamoli, Sri Santosh Kumar Dimari is a witness in the case and Additional D. G. C. (Criminal) Sri Kuldeep Bartwal, the respondent No. 2, is injured/informant in the case, has not been denied by the respondent No. 2 in the counter affidavit.

(3.) LEARNED counsel for the petitioners has submitted that in view of the fact that both the Government Counsel are deeply involved in the case, hence the petitioners are facing grave situation as they have not been able to engage any lawyer of their choice and there is a reasonable apprehension in the mind of the petitioners that they will not get the fair justice.