The court emphasized that witness safety and convenience are critical for a fair trial, allowing for the transfer of cases under Section 407 of the Cr.P.C. when justice is compromised.

JUDGMENT :

Uday Kumar, J.

1. This criminal revision application, C.R.R. No. 353 of 2023, has been preferred by the petitioners, primarily the paternal family of the deceased Lipika Ghosh, seeking the transfer of Sessions Case No. 138/2014 from the court of the Additional District Judge, 4th Court, Jalpaiguri, to any Additional District and Sessions Judge in Siliguri, falling within the sessions division of Darjeeling. The essence of their prayer is founded on grounds of ensuring a fair trial, facilitating the convenience of parties and witnesses, and ultimately upholding the ends of justice.

2. The genesis of the Sessions Case lies in the tragic demise of Lipika Ghosh on February 27, 2011, who was found hanged in her matrimonial home. Lipika, daughter of Petitioner No. 1, Smt. Itu Rani Ghosh, and Petitioner No. 2, Kalachand Ghosh, was married to Nitai Ghosh (Opposite Party No. 2) in 2008. The petitioners allege that a significant dowry was provided at the time of marriage, followed by continuous physical and mental torture over further dowry demands from her husband and in-laws (Opposite Party Nos. 2 to 7), reportedly leading to multiple hospitalizations. Consequently, an FIR (No. 162/11) was initially lodged under Sections 498A, 302, and 34 of the Indian Penal Code (IPC). Subsequently, the chargesheet (No. 504/2012 dated March 26, 2012) altered the charge from murder (Section 302 IPC) to abetment of suicide (Section 306 IPC), while retaining Sections 498A/34 IPC and adding Sections 3 and 4 of the Dowry Prohibition Act.

3. The case was committed to the Sessions Court on April 30, 2014, with charges framed on August 13, 2018. However, despite the passage of over a decade since the chargesheet, and nearly seven years since charges were framed, only four out of eighteen prosecution witnesses have been examined. These include PW1, Smt. Itu Rani Ghosh (examined on June 28, 2023), PW2 Amal Ghosh and PW3 Dinabandhu Ghosh (examined on July 20, 2023), and PW4 Rana Ghosh (examined on August 09, 2023). The petitioners attribute this protracted delay and slow progress to several impediments, necessitating the present application for transfer.

4. In support of their plea, Mr. Subhashish Misra, Learned Advocate for the petitioners, presented compelling arguments. Foremost among these is the contention that the accused and their agents have repeatedly threatened the unexamined witnesses, who are close family members of the deceased. These threats, as alleged, include chilling warnings of "dire consequences" and facing the "same incident" as Lipika Ghosh. Furthermore, it is asserted that the petitioners' initial advocate was also intimidated into withdrawing from the case, a circumstance which, if proven, severely impacts their right to legal representation. The petitioners have appended documentary evidence, namely "Copy of the said Complaints, postal receipts, and track reports" (Annexure P1), to substantiate their attempts to report these threats to the authorities.

5. Beyond the grave issue of witness safety, Mr. Misra highlighted significant logistical hardships. The five key charge-sheeted witnesses, including the petitioners themselves, reside in Darjeeling District, approximately 100 km from the trial court in Jalpaiguri. This necessitates an arduous 200 km round trip for each court appearance, causing considerable inconvenience, exacerbated by frequent adjournments. This burden is particularly acute for two crucial witnesses, Kalachand Ghosh (over 60) and Parimal Ghosh (over 70), who reportedly suffer from age-related health issues, rendering such a journey practically impossible. Concomitantl