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2011 DIGILAW 598 (UTT)

JAGRI KAUR v. STATE OF UTTARAKHAND

2011-09-22

PRAFULLA C.PANT

body2011
JUDGMENT Hon’ble Prafulla C. Pant, J. 1. This case is taken up today on mention made by learned counsel for the petitioner and learned counsel for the respondent No. 2 to 5. 2. The petition under Section 407 of Cr.P.C., has been moved before this Court for transfer of Sessions Trial No. 135 of 2011, State Vs. Tarsem Singh and others, relating to offences punishable under Section 307, 323, 326, 504, 341 I.P.C., P.S. Kashipur, pending in the court of Sessions Judge, Rudrapur, District Udham Singh Nagar to the Court of Additional Sessions Judge, Kashipur, District Udham Singh Nagar. 3. Learned counsel for the parties submitted that out of the same incident, two cross cases have arisen, and two sessions trial are pending in District – Udham Singh Nagar. One sessions trial No. 137 of 2009, State Vs. Dalveer Singh and others, relating to offences punishable under Section 323, 307, 504 I.P.C., P.S. Kashipur, is pending in the court of Additional Sessions Judge, Kashipur, while another, i.e. sessions trial no. 135 of 2011, State Vs. Tarsem Singh and others, relating to offences punishable under Section 307, 323, 326, 504, 341 I.P.C., P.S. Kashipur, pending in the court of Sessions Judge, Rudrapur, District Udham Singh Nagar. 4. It is settled principle of law that in the matters of cross cases, though no special procedure is laid down for trial in the Code of Criminal Procedure, 1973, but as far as possible, such cases (cross cases) should be tried by one and the same court, so that it may be decided as to which of the party is aggressor. The evidence in the cross cases is required to be recorded separately in both the trials one after another and the same are required to be decided by separate judgments. 5. In the above circumstances, having considered submissions of learned counsel for the parties, the petition under Section 407 of Cr.P.C., is allowed, and sessions trial no. 135 of 2011, State Vs. Tarsem Singh and others, relating to offences punishable under Section 307, 323, 326, 504, 341 I.P.C., P.S. Kashipur, pending in the court of Sessions Judge, Rudrapur, District Udham Singh Nagar, is transferred to the court of Additional Sessions Judge, Kashpur, District Udham Singh Nagar for being tried together with Sessions Trial No. 137 of 2009, State Vs. Tarsem Singh and others, relating to offences punishable under Section 307, 323, 326, 504, 341 I.P.C., P.S. Kashipur, pending in the court of Sessions Judge, Rudrapur, District Udham Singh Nagar, is transferred to the court of Additional Sessions Judge, Kashpur, District Udham Singh Nagar for being tried together with Sessions Trial No. 137 of 2009, State Vs. Dalveer Singh and others, relating to offences punishable under Section 323, 307, 504 I.P.C., P.S. Kashipur, as both the parties are residents of the places near Kashipur.