DILBAR KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Invoking Section 407 of the Code of Criminal Procedure, the petitioners who have been facing their trial of a charge under Sections 147/148/149/325/326/307/302 of the Indian Penal Code and Section 9 (b)(ii) of the Indian Explosives Act, before the Learned Additional District and Sessions Judge, Fast Track 3rd Court, Rampurhat in connection with Sessions Case No. 8 of 2004, moved this Court for transfer of the case on the ground, the Court concerned is biased.

(2.) Heard Mr. Partha Pratim Das, the learned Advocate appearing on behalf of the petitioners. Perused materials on record.

(3.) It is vehemently contended before this Court that a particular witness P.W. 4, viz., Morsa Bibi @ Masuda Bibi was declared hostile by the prosecution but during her cross-examination by the prosecution the said witness made some statement against the accused. However, while her such statement was challenged by the defence and she was cross-examined as to the same, her reply completely negated her earlier statement made against the accused in her cross-examination by the prosecution. However, the Learned Trial Judge did not record her answer to the cross-examination by the defence and threatened to prosecute her for perjury. When the petitioners moved an application for transfer of the case before the Sessions Judge, Birbhum apprehending that they would not get a fair and impartial trial from the Court concerned, but the Learned Judge rejected such application on the ground that the trial has already commenced. Hence, this criminal revision.