BRIJ KISHORE Vs. STATE OF HARYANA AND ANR.

JUDGEMENT

(1.) ROHTASH , son of Chuni Lal Mittal, resident of village Hodel, Tehsil Palwal, District Gurgaon, Respondent No. 2, is being prosecuted under Section 302, Indian Penal Code, for causing the death of Subhash on 23rd December, 1974. The Judicial Magistrate 1st Class, Palwal, committed Rohtash to the Court of Session, Gurgaon, to stand his trial under Section 302, Indian Penal Code. The trial of the case commenced on 15th September, 1975 in the Court of Session presided by Shri Sarup Chand Goel. The case could not be completed as the complainant in the case, had applied to the High Court for the transfer of the case to some other Court. In the meantime Shri Sarup Chand Goel, Sessions Judge, retired from service. The trial of the case, therefore, commenced before Shri Shiv Dass Tyagi, the successor of Shri Sarup Chand Goel. The prosecution evidence was completed and the case was adjourned to 5th of May, 1978 for recording the statement of the accused -Respondent No. 2.

(2.) IN the meantime Harbans Lal, J., in State of Haryana v. Ishwar Cr. M. 5415 -M/77, decided on 20th January, 1978, held as under:

(3.) NOTICE of this petition was given to the Respondents and the counsel for the parties have been heard.