LEELA DEVI Vs. STATE

JUDGEMENT

(1.) Private respondents 2 and 3 are facing trial under Section 302/34 RPC read with Section 4/25 of the Arms Act, before the court of learned 2nd Additional Sessions Judge, Jammu. Allegation against them is that on 6th of May'07, they attacked and killed the deceased son of the petitioner near Invitation Hall, Roop Nagar, Jammu, when he had come to accompany a barat. FIR 84/2007 came to be registered under Section 302/34 RPC and 4/25 of the Arms Act with police station, Domana. In view of this, the trial is being conducted at Jammu.

(2.) Present application has been filed by the petitioners for transfer of the case from the court of 2nd Addl. Sessions Judge, Jammu, to the Court of Sessions at Samba, on the ground that since all the witnesses belong to Samba, therefore, taking into consideration the convenience of the witnesses as also the complainants, it will be appropriate if the trial is held at Samba.

(3.) On the other hand, counsel for the respondent-accused submits that the petitioners have no locus to file the present transfer application as the case is being prosecuted by the State. It is stated that all the eye witnesses stand examined at Jammu. It is contended that there is no complaint that the trial is not being conducted fairly. Regarding the convenience of the witnesses, it is stated that none of the witnesses' has approached the respondent State that it is not convenient for them to come to Jammu. The statement of the complainant stands already recorded. It is thus contended that there is no ground available with the applicant-petitioners for seeking transfer of the case from Jammu to Samba.