RAM SIMRAN SINGH MAKKAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under section 407 of the Code of Criminal Procedure seeking transfer of a trial pursuant to FIR No. 53 dated 21.4.2011 registered under sections 302, 34 IPC and sections 25 and 27 of the Arms Act at police station Division No. 8, Jalandhar outside the State of Punjab.

(2.) Brief factual matrix of the case is that an FIR was lodged by Rajbir Singh stating that he was owner of Sekhon Grand Hotel near Namdev Chowk, Jalandhar. He usually went to place of work along with his son Gurkirat Singh @ Gikki aged about 31 years. On the fateful night, Gurkirat Singh did not come back from hotel till late in the night. The complainant thus decided to go to hotel to look for him. At about 12.45 A.M. he reached a place known as Baba Rasoi Dhaba and saw his son standing in the street near the main road along with accused. Some kind of argument was going on between them. As the complainant stepped forward, Amardeep Singh took out a revolver and started fighting with Gurkirat Singh. As the things heated up Ram Simran Singh Makkar fired a shot in the back of Gurkirat Singh who fell down. The accused persons thereafter fled from the spot. The injured was taken to Satyam Hospital for treatment, but he died on the way. According to complainant, the entire occurrence was seen by Sukhdev Singh. The grudge is stated to be that an excise raid was earlier conducted at Hotel Sekhon Grand and deceased suspected that alleged assailant Ram Simran Singh Makkar had a hand in same. For this reason, they were not on good terms. After complaint was lodged, an investigation ensued. The investigating agency recorded statements of various witnesses and submitted its final report before the competent court. Charge was framed under section 302/34 IPC read with sections 25 and 27 of the Arms Act. Recording of evidence is yet to commence in the case. Instant petition for transfer of trial outside Jalandhar has been moved by accused Ram Simran Singh Makkar, inter alia, on the grounds that heavy security has to be deployed in the court complex at the time of court proceedings. A vilification campaign has been unleashed and certain demonstrations are organized from time to time which lead to a disturbed atmosphere in the court.

(3.) Mr. Cheema, learned senior counsel appearing for the petitioner has drawn the attention of the court to certain media reports showing that at the time of trial number of persons gather in the court complex and heavy police deployment has to be made. As several local residents assemble in the court complex, police has to make elaborate security arrangements to avoid any untoward incident. Learned counsel has referred to various annexures to show that protest marches are taken out in Jalandhar city in support of the accused and tight security arrangements have to be made in the court complex. While referring to reply filed by State he submits that this fact has not been denied therein. He has, however, limited his prayer to transfer of the case outside Jalandhar city.