JUDGMENT 1. - The petitioner Illiyas has filed this transfer application under section 407 of the Code of Criminal Procedure, 1973, in Sessions Case No. 86/ 1983 from the court of Shri Sahdeo Godara, Sessions Judge, Sikar to some other court. 2. It has been alleged that Shri Godara by his judgment dated August 11, 1983, passed in Sessions Case No, 35/1983, has already convicted and sentenced the other four co-accused persons under section 302 read with section 149 IPC. In the said case the learned Judge has arrived at a finding that it was case of unlawful assembly and there was evidence to the effect that Illiyas (present petitioner) had participated in the case alongwith four co-accused persons. 3. In view of the above finding given in Sessions Case No. 35/1983, the petitioner has filed this transfer application on the ground that he has no chance of getting a fair trial at the hands of Shri Sahdeo Godara, the present Sessions Judge, Sikar. 4. The above facts mentioned by the petitioner remained undisputed. In view of the fact that Shri Godara, Sessions Judge, Sikar had already decided Sessions Case No. 35/83 convicting the other co-accused persons and there are observations in that case, which are likely to prejudice the petitioner, there is just and proper ground for transferring the Sessions case No. 86/1983 to some other Court. 5. The petition is accordingly allowed and the Sessions Case No. 86/83- State v. Illiyas pending in the court of Sessions Judge Sikar is directed to be transferred to the Court of Sessions Judge, Jhunjhunu for trial according to law.Application allowed. *******