judgment

Dr. Arijit Pasayat, J. —

1.Transfer Petition (Crl.) No.175 of 2007 has been filed by one Himanshu Singh Sabharwal who is the son of late Prof. H.S. Sabharwal. The background facts as projected by the petitioner who is also the petitioner in Writ Petition (Crl.) No.173 of 2006 are as follows :

Late Prof. H.S. Sabharwal was a professor in Government College, Ujjain, M.P. He was brutally beaten up by certain persons, for taking a rigid stand in the college union elections. Though the assaults were made in the presence of several police officials, media persons and members of public, attempt has been made to project as if his death was as a result of an accident. Initially, First Information Report was lodged and after investigation charge sheet was filed and charges have been framed against several persons who are respondents 2 to 7 in the Transfer Petition. The trial commenced in the Court of Sessions Judge, Ujjain being Sessions Case No.291 of 2006. During examination of several witnesses who were stated to be eye-witnesses, such witnesses resiled from the statements made during investigation. There were even three police witnesses who also resiled from their earlier statemen