GOVIND LOHANA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This order shall also dispose of M.Cr.C. No. 1817 of 1988. Shri Rajendra Singh, Sr. Advocate represents applicant Govind Lohana and Smt. Choudhary represents applicant Kanhaiya Lal. Shri Ravindra Shrivastava, Advocate represents the complainant with Shri B.P. Singh, G.A. for the State.

(2.) Govind Lohana had a wife, Shantibai. On 7-9-1987, she is alleged to have been murdered, by causing severe injuries to her person by the applicant Govind Lohana and it is further alleged that her body was then set on fire. Arjun Bhojwani, is the brother of deceased Mst. Shantibai. Govind Lohana was arrested on 8-9-1987 and was lodged in Central Jail Bilaspur. The Superintendent, Central Jail, Bilaspur sent an application to the trial Judge that it would be dangerous to keep the applicant Govind Lohana in jail because he had been the doctor of that jail and the safety of the applicant Govind Lohana is endangered at the hands of the prisoners of jail. Hence, he should be transferred from jail. Consequently, the trial Judge directed him to be transferred to Central Jail Ra i pu r.

(3.) The Sessions Trial is now pending in the Court of Sessions Judge at Bilaspur. By this petition. the applicant Govind Lohana prays that this Sessions Trial be transferred either to Raipur or to Durg because his brother applicant Kanhaiyalal who comes from Raipur for looking after his defence was assaulted by the brother of the deceased Mst. Shantibai. He further contended that at Bilaspur they are influential persons. The applicants have further contended in the petition that at Bilaspur applicant Kanhaiyalal will not be able to defend him. In M. Cr. C. No. 1817/88, applicant Karmaiyalal has prayed that the case of his brother Govind Lohana which is pending at Bilaspur be transferred to Raipur or to Durg. This is the only ground prayed in these petitions, though at the bar in a passing manner, Shri Rajendra Singh, Advocate contended that at Bilaspur, he may not get the services of good and Senior lawyers.