The Madras High Court Bench here has transferred the trial in a dowry death case from one district to another after the accused alleged that the Sessions Judge was prejudiced and was making excessive interference during cross examination of witnesses.
Disposing of a petition filed jointly by the husband of the deceased woman and his father as well as mother, Justice C.T. Selvam ordered the transfer of the trial from the Mahila Court in Pudukottai to Thanjavur without accepting, in any manner, the aspersions cast against the judicial officer.
The judge said that he was allowing the plea for transfer of trial from one court to another “taking into consideration the apprehension of the petitioners and on the reasoning that the accused in a case, particularly of the present nature, should have the confidence of facing fair trial.” Mr. Justice Selvam also recorded the submissions of the petitioners’ counsel that his clients would cooperate in completion of the trial within a month and they shall recall only three witnesses, including the doctor who conducted post-mortem, for re-examination before the Mahila Court in Thanjavur.
The Ganesh Nagar police in Pudukottai district had booked the case against the petitioners under Sections 498A (husband or relative of husband of a woman subjecting her to cruelty) and 304B (dowry death) of the Indian Penal Code.
According to the petitioners, the father of the deceased woman had been repeatedly threatening them of securing a conviction in the case.
His threats coupled with the actions of the trial court judge in Pudukottai forced one of the petitioners to attempt suicide.
“Yet, the complainant did not stop harassing the petitioners and continued his tirade against them.
Hence, it is necessary to transfer the trial to some other court to repose their confidence on the judicial system,” their counsel contended.
“The accused should have the confidence of facing a fair trial”
