R.L.Gupta, J. - (1.) This application under section 407 read with section 482 Cr.P.C. has been preferred by Shri Shyam Saroj Dixit. A criminal case against the non petitioners Nos. 2 to 6 for the offences under section 302 I.P.C.is pending trial in the Court of Additional Sessions Judge, Sirobi. It is alleged that one other criminal case against the same non petitioners is pending in the court of Sessions Judge, Pali. For the grounds mentioned in the application it has been prayed that the case pending in the court of Additional Sessions Judge, Sirohi be transferred for trial to the file of the Sessions Judge, Pali.
(2.) I have heard the learned counsel for the petitioner and the learned Public Prosecutor. The main ground urged before me is that the petitioner who is the brother-in-law of the deceased person apprehends that the Addl. Public Prosecutor will not conduct the case fairly as he seems to have greased his palms and he has made an observation that the case is very weak. It is further alleged that the prosecution witnesses are likely to be tampered with. Moreover it will be more convenient to some of the prosecution witnesses who belong to Ajmer to attend the court at Pali than at Sihori. The learned counsel for the petitioner has frankly conceded that there is no allegation against the presiding officer in conducting the trial.
(3.) The ground that some of the witnesses may be tampered with by the accused is no ground for the transfer of this case. If the witnesses are tampered with they can be tampered with at Sirohi so also at Pali. As regards the convenience of some of the witnesses to appear at Pali it may be said that there are some other witnesses who resides in Gujarat and some belong to Sirohi and other parts of the State. Therefore, this cannot be said to be a good ground for the transfer of the case to Pali.;