MEWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Mewa Singh has approached this Court under Sec. 407 Cr. P.C. for transfer of the Sessions Case No. 56 dated 22.10.1998 (arising from F.I.R. No. 66 dated 12.7.1998 under Sections 304-B/109/34 I.P.C. of Police Station, Bareta) pending before Mr. A.S. Kathuria, 2nd Additional Sessions Judge, Mansa to the Court of the 1st Additional Sessions Judge, Mansa or any other Court within the Sessions Division, Bhatinda.

(2.) According to the petitioner-Mewa Singh, his daughter-Baljinder Kaur was married with Baru singh (2nd respondent herein) about 7/8 months before her death (due to poison) and a case was registered at the instance of the petitioner against Baru Singh and his father-Mehar Singh (third respondent herein) as also Jaswinder Kaur, wife of Mukhtiar Singh on the ground that they had maltreated and harassed her for insufficient dowry. According to the petitioner, Jaswinder Kaur was declared innocent during investigation and was placed in Column No. 2 of the charge-sheet and an application was also moved by the police for discharging her, which was not accepted by the learned Magistrate. The petitioner claims that still no charge-sheet was filed against Jaswinder Kaur and, therefore, an application was filed by the petitioner under Sec. 193 Cr. P.C. for summoning her to face the trial, but Mr. A.S. Kathuria (the 2nd Additional Sessions Judge, Mansa) to whom the case has been now entrusted, after notice to Jaswinder Kaur and allowing her to file a reply, has dismissed the said application as not maintainable.

(3.) The further claim of the petitioner is that after the framing of the charges, the trial of the case was taken up on 26.3.1999, and adjourned to 18.5.1999, when the petitioner was examined as prosecution witness. According to the petitioner, he stated that Baljinder Kaur had died on account of harassment and demand of dowry at the instance of Jaswinder Kaur, but the learned Additional Sessions Judge started cross-examining the petitioner by putting searching questions which, according to the petitioner, are against the principles of fair and impartial trial. This is one of the instances on which the petitioner wants the case to be transferred.