( 1 ) THIS application has been moved for the transfer of a Sessions trial pending in the court of Sri B. N. Srivastava, Ist additional District and Sessions judge, Jhansi. The application has been moved on a number of grounds some of which relate to the remarks made; by the learned Judge in respect of the accused. The comments received from the learned Judge, however, show that the allegations are not reliable. No transfer can, therefore, be ordered on these allegations,

( 2 ) ONE ground however, is that the present accused had been tried in the same court and had been convicted by the learned Judge on the basis of evidence of certain persons who are also witnesses in the present trial. It is urged that as the learned Judge had believed these witnesses in the earlier case, there is possibility that the learned Judge may believe them again. A witness is believed on the basis of many factors. One of the factors is the demeanour of the witness. In the earlier case the court had believed these witnesses from which it could be inferred that the demeanour of the witnesses had been accepted as indicating the demeanour of a truthful witness. The same witnesses will be corni