BHAGAT RAM Vs. STATE OF HP

JUDGEMENT

(1.) The present petition has been filed under Section 407 read with Section 482 of the Code of Criminal Procedure seeking transfer of the Criminal Case No. 13/8/09, State v. Bhagat Ram, pending in the Court of learned Additional Sessions Judge (Fast Tract Court), Chamba and also to set-aside the order dated 12.1.2009, passed by the Learned Sessions Judge, in Criminal Misc. Petition No. 58/08. Briefly the facts of the case are that the accused-petitioners are facing-trial under Section 302 read with Section 34 of the Indian Penal Code in the Court of learned Additional Sessions Judge (Fast Tract Court), Chamba.

(2.) In this case, the prosecution has examined its witnesses and the statements of the accused persons under Section 313 of the Code of Criminal Procedure stood recorded on 2.6.2008. No evidence in defence was led by the accused persons and finally, the matter was fixed for final arguments on 28.6.2008, on which date learned Public Prosecutor sought time. Thereafter the case was adjourned for 18.7.2008.

(3.) On 18.7.2008, accused-applicants who were on bail sought adjournment, on the ground that their Counsel was unwell, thus the case was adjourned for 28.7.2008, but in the meantime an application was moved under Section 408 of the Code of Criminal Procedure before the learned Sessions Judge, seeking the transfer of the case, on the ground that the learned Additional Sessions Judge (Fast Tract Court) was in hurry to decide the matter despite the fact that the accused-petitioners were on bail. Secondly, during the trial he admitted inadmissible evidence i.e. part of the zimini despite objetion raised by the learned defence counsel.