DEBASIS DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under section 407 of the Code of Criminal Procedure for transfer of a Sessions case being S.T. No. XVII/March/2002 under sections 302, 120B, 34 IPC from the Court of learned Additional Sessions Judge, 3rd Court, Midnapore to some other Court of competent jurisdiction.

(2.) Mr. Sengupta, learned advocate appearing on behalf of the petitioners at the very outset refers to the order dated 22.4.2002 passed by the learned trial Judge. From the said order it appears that on the said date four accused persons, out of 18 accuseds, filed petitions before the learned trial Judge through the Superintendent, Midnapore Central Correctional Home stating that they were not in a position to engage any lawyer to defend them. Such petition dated 4.4.2002 was placed before the learned trial Judge on 22.4.2002, when the case was fixed for recording evidence. However, on such petition filed by those four accused persons the learned trial Judge appointed Mr. G. Chowdhury, learned advocate from the defence panel to represent the said four accused persons in view of the provision of section 304 Cr.PC.

(3.) It further appears that on the same date a submission was made by Mr. A. Mukherjee, learned advocate of another set of accused persons that since at the time of framing of charge the aforesaid four accused persons were not represented by any lawyer, the charge might be altered or modified.