RAMEN MONDAL Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 407 of the Code of Criminal Procedure for transfer of a Sessions case being Sessions Trial No. 6(8)/92 pending before the Court of the 3rd Additional Sessions Judge, Barasat, North 24-Parganas, under Sections 342/304/34 of the Indian Penal Code.

(2.) THE petitioners were put up on trial before the learned 3rd Additional Sessions Judge to meet a charge under Sections 342/304/34 of the Indian Penal Code. The prosecution case in short is that victim Srikanta Bala was married to one Iva Mondal (Petitioner No. 4 herein), daughter of one Ramen Mondal (Petitioner No. 1 herein). Thereafter, Srikanta and his wife started residing in the house of Srikanta's father Balaram Bala (De facto-complainant in the case). After 15 days Srikanta left his house for unknown destination and the Petitioner No. 4 namely Iva Mondal left for her father's house. On 22.10.89 Srikanta came to the house of his elder sister Bijoli Bairagi and while he was taking his food in the said house, the present petitioners came there and took Srikanta to the house of one Babu Mondal (Petitioner No. 3). Thereafter all the petitioners started assaulting Srikanta causing bleeding injuries on his person and he became unconscious. The present petitioners thereafter took him to Habra Hospital, but on the way he expired.

(3.) MR . Jaymalya Bagchi, learned Advocate for the petitioners submits that the learned trial Judge is conducting the trial in an absolutely prejudicial manner which has created a reasonable apprehension in the mind of the petitioners that they will be denied of a fair trial if the trial is conducted by the said learned Judge. According to the learned Advocate of the petitioners the prejudicial manner in which the learned trial Judge is conducting the trial, will be evident from the following facts :-