UPENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This miscellaneous case has been filed seeking transfer of Bermo P.S. case No. 105/95 to the district of Aurangabad of where Baroom P.S. case No. 119/95 in pending under Sections 302, 406 and 201 of the Indian Penal Code. The transfer has been sought on the ground that the witnesses of the case in the district of Aurangabad are from this district and the accused-persons of this case also are from Aurangabad district and when they had gone to appear in the aforesaid Bermo P.S. case, they were threatened of dire consequences by the informant of that case. Hence it would be inconvenience for the petitioner and other accused-persons of the district of Aurangabad to face, trial.

(2.) Petitioner's lawyer admitted that the case at Bermo and at Aurangabad relates to the same occurrence which was to the effect that on 19.7.1995 at 5.00 p.m. the informant of Bermo P.S. Case was standing in the campus of Meghdoot Cinema Hall along with his Maruti van bearing registration No. BR-23-4445 and suddenly the petitioner, Upendra Singh and Dilip Singh, both of the village of Kesradih P.S. Daudnagar, District Aurangabad appeared before him and asked for his vehicle to bring their family members. The informant allowed his vehicle to be used by these two persons and lent his vehicle and directed his driver, Parmeshwar to carry those two persons, Subsequently when the vehicle was not returned to the informant, he went to the village of that two persons, named above, and demanded his vehicle back, but his vehicle was not returned. Subsequently the informant suspected that his vehicle was usurped by the two named persons.

(3.) On the aforesaid facts, Bermo P.S. Case, referred to above, was instituted. Subsequently it transpired that the dead body of Parmeshwar was found in a water pool in the district of Aurangabad under the jurisdiction of Baroon Police Station for which Baroon P.S. Case, referred to above, was instituted.