SHIVAJIRAO BHANUDAS KARDILE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these applications can be conveniently disposed of by this common order, as the applicants in both the applications are the accused in one and the same case i.e. Sessions Case No. 357/2011 pending before the Court of Sessions at Ahmednagar. Both the applications have been made by different accused in the said case praying that the said case be transferred to any other Court of Sessions in any other Sessions Division. The grounds on which the prayer for transfer, as contemplated under Section 407 of the Code of Criminal Procedure (hereinafter referred to as "the Code"), is made are also the same in both the applications, viz :- 'that a fair and impartial trial cannot be had in any Court of Sessions in the Ahmednagar Sessions Division', and that, 'it is expedient for the ends of justice that the case be transferred for trial to a Court outside Ahmednagar Sessions Division.'

(2.) For comprehending the basis on which the claim 'that a fair and impartial trial cannot be had in the Court of Sessions at Ahmednagar', and that, 'it would be in the interest of justice to transfer the case to another Sessions Division', has been made, a reference to the facts of the case would be necessary.

(3.) The case relates to the unnatural death of one Ashok Lande. On 19.05.2008 Umesh Lande - the brother of the deceased Ashok Lande - lodged a report with the police, on the basis of which, a case in respect of offences punishable under Section 279 of the Indian Penal Code (IPC) and section 304A of IPC, as also the offences punishable under the Motor Vehicles Act was registered against an unknown offender. The case was to the effect that Ashok was given a dash by some unidentified vehicle causing injuries to him, which resulted in his death. After investigation, the police submitted an "A" Summary report, which was accepted by the learned Magistrate on 02.02.2009.