SURJIT SINGH RANDHAWA Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is a petition for transfer of Sessions Case No. 6/2008 and Sessions Trial No. 3/2008 arising out of FIR No. 92 dated 13.5.2006 registered at Police Station, Haroli, District Una, under Sections 307, 120 -B, 34 IPC and Sections 25, 27 of Arms Act. On 1.10.2009, the comments of Sessions Judge, Una were called and he has submitted his comments

(2.) IT has been submitted in the petition that petitioner is a doctorate and at present serving as Principal in Shri Guru Gobind Singh Khalsa College, Mahilpur (Hoshiarpur) since 2002. He is senator of Punjab University and President of Principal 'sFederation Punjab as well as President of Sports Committee, Punjab University, Chandigarh. The petitioner has been falsely implicated in FIR No. 92 dated 13.5.2006 registered at Police Station, Haroli. The petitioner is facing trial in the Court of Sessions Judge, Una on the basis of FIR No. 92 dated 13.5.2006. The statement of PW 1 Raman Bali was recorded on 19.11.2008 and he was declared hostile. The statement of PW 2 Malkiet Singh was recorded on 20.11.2008 and he was also declared hostile. Similarly, statements of PW 3 Avtar Singh son of Swaran Singh and PW 4 Rajinder Kumar were recorded and they were declared hostile. PW 5 Jagvinder Singh was examined, PW 6 Avtar Singh son of Mohinder Singh was examined on 21.11.2008 and was declared hostile. PW 7 Rajesh Luthara supported the case of the petitioner.

(3.) 00 p.m. He also observed that he would see how the petitioner and other would save themselves. The Sessions Judge observed that they would be convicted and their mind will be set right. The witness was called at 4.00 p.m. by the Sessions Judge and the witness remained firm on his stand and did not resile from his earlier statement. 4 On 22.8.2009, the Sessions Judge misbehaved in a very rude manner and directed the Secretary and Reader to finish all the statements on that date. It has been alleged that he observed that let the defence Counsel dictate what he like and ultimately he would pronounce the judgment. It has been alleged that either the Sessions Judge was influenced by some rivals or he was annoyed due to interception by the learned defence Counsel.