JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Section 407 Cr. P. C. for trans-ferring the Sessions Case No. 124/85 from the Court of Shri Gyan Prakash Pandey, Additional Sessions Judge, Gangapur to some other court. The transfer application was moved before the Sessions Judge, Sawai Madhopur but the same was dismissed. Hence, the petitioners have approached this Court.

(2.) THE four petitioners are facing trial for the offence under Section 302 I. P. C. THE evidence in the case against them has been recorded and case is now fixed for final arguments. At this stage, the petitioners moved the transfer petition saying that on the last date of hearing, the complainant Babu, brother of the deceased said that the presiding officer has. distant relation of him and he would be able to get the decision in his favour. This created apprehension in the minds of the petitioners that they would not be able to get fair and impartial trial. Other grounds are also raised namely that this officer had committed the case, he was present when the offence was committed, he had knowledge about the incident and that he had formed an opinion about it, when he was Railway Magistrate and had come to hold camp court at Gangapur City.