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2010 Supreme(Cal) 365

ASHIM KUMAR ROY
Susanta Ghosh – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Joy Sengupta, Sreyashee Biswas, Subhajit Rakshit, Sandipan Ganguly, Ranjit Kumar Das

JUDGMENT:

1. INVOKING Section 407 of the Code of Criminal Procedure the petitioners who have been facing their trial before the Learned Additional District and Sessions Judge, Fast Track Court, Amta, Howrah of a charge under Sections 498A/304B/34 of the Indian Penal Code have moved this Court for transfer of their trial to any other Court on the ground the Learned Presiding Judge is biased against the accused/petitioners and as such there cannot have any fair and impartial trial.

2. IN support of this application it has been contended by the Learned Advocate of the petitioners;

(a) The Court put some questions to the INvestigating Officer of the case as to whether the P.W. 3 and P.W. 6 made any statement to him for further demand of dowry by the accused persons although no such allegation was made by the said witnesses in their evidence.

(b) The Court made attempt to bring into records inadmissible evidence, namely, what have been allegedly stated by the witnesses to the police.

(c) The Court asked a question to the P.W. 3 which practically changed the complexion of his evidence. The witness was asked by the Court, how the death of Barnali Ghosh took place and when the witness replied















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