- (1.) In the present application under Section 407, Cr.P.C. the petitioner has prayed for transfer of Sessions Trial No. 1 of July, 2003 pending in the Court of the learned Additional Sessions Judge, 3rd Court, Midnapure, under Section 302/120B/34, I.P.C. to some other Court of competent Jurisdiction in the same Sessions Division.
(2.) The application for transfer has been made on the ground which relates to some observations made by the learned Trial Judge in the earlier Sessions Trial No. XVII/March/2002. In the said trial, the learned Trial Judge, i.e. the learned Additional Sessions Judge, 3rd Court, Midnapore convicted 18 other accused persons and sentenced them under Section 302 read with Section 120B/34, I.P.C.
(3.) It is the contention of Mr. Basu, learned Advocate for the accused person that 18 other accused persons were convicted by the same learned trial Judge on the basis of evidence of certain persons who will also be examined as witnesses in the present sessions case. It is urged that as the learned trial Judge had believed those witnesses in the earlier trial of 18 accused persons, who were convicted by the said Judge, there is every possibility that the learned Judge may believe them again. In the earlier trial the Court had believed these witnesses, from which it could be inferred that the demeanour of witnesses had been accepted by the learned trial Judge as indicated the demeanour of a truthful witness, the said witnesses will be coming again in the present trial of the present petitioner. Even if it is taken that the learned Judge's mind will not be influenced by the earlier judgment passed in the earlier sessions trial, this may be a factor which may remain lurking in the mind of the accused person throughout the trial and if these witnesses are believed again he may have a feeling that the judgment of the learned trial Judge is influenced by the earlier judgment which was delivered by the same learned trial Judge convicting the other 18 accused persons. There may be a feeling in the mind of the accused person that the learned trial Judge is influenced by the opinion which he had formed about these witnesses in the earlier trial. It is the contention of the learned Advocate for the petitioner that in a criminal prosecution the Court is always to give an accused a trial in which he may not have even the remotest cause to think or feel that he did not get fair trial from the said Court. Mr. Bose, learned Advocate refers to certain portion of the earlier judgment delivered by the same learned trial Judge. At page 60 of the earlier judgment, the learned trial Judge observed as follows : "We hope, that the search for the remaining murderers will continue so that all accomplices in this crime will be brought to justice.;