Angsuman Sarmah vs State Of Assam And 2 Ors

Heard Mr. A. Bora, learned counsel appearing for the petitioner and Mr. B. Sarma, learned Addl. Public Prosecutor, Assam, for respondent No.1

as well as Mr. NNB Choudhury, learned Addl. Public Prosecutor, Arunachal Pradesh for respondent No.2. None appears for the respondent No.3

despite service of Notice.

The petitioner herein is an accused in connection with Roing P.S. Case No. 10/2016 under Section 279/304(A)/338 IPC and charge-sheet has been

filed in G.R. Case No.12/2016 against the petitioner now pending before the learned Chief Judicial Magistrate, Roing, Lower Dibang Valley,

Arunachal Pradesh.

The incident had occurred at Bridge Point, Koronu on 26.01.2016 at about 9-00 AM when suddenly a motor-cycle bearing Registration No. AS-16-

5269 hit the car of the petitioner from the opposite side as a result of which rider of the motorcycle, namely, Abind Litin succumbed to his injuries and

the pillion rider sustained injuries. An FIR was lodged to this effect by the father of the deceased i.e. respondent No.3 on 26.01.2016 with the Officer-

in-Charge, Roing Police Station. According to the petitioner, after filing of the FIR, he has been threatened by the informant and his family members

with dire consequences unless he paid certain amount as compensation for the incident. As a result of such threatening, the father of the petitioner

was compelled to enter into an agreement to pay an amount of Rs.10 Lakhs out of which an amount of Rs. 4 Lakhs was paid by way of cheque. Even

thereafter, the petitioner was under constant threat and it has come to the knowledge of the petitioner that the father of the deceased and other family

members were planning to eliminate him on his date of appearance before the court of Chief Judicial Magistrate at Roing.

The petitioner herein also moved a petition before the Hon’ble Supreme Court for transfer of the said case from Roing, Lower Dibang Valley,

Arunachal Pradesh to the court of learned SDJM(M), Sadiya, (Chapakhowa), Tinsukia, Assam, which was disposed of by the Hon’ble Apex

Court in Transfer Petition (s) (Criminal) No. 230/2017 vide order dated 06.10.2017, wherein the Hon’ble Apex Court was pleased to direct the

petitioner to move a petition before any other appropriate Forum.

Accordingly, the present petition under Section 407 Cr.P.C. has been preferred by the petitioner for transfer of G.R. Case No.12/2016 from Roing,

Lower Dibang Valley, Arunachal Pradesh to the court of learned SDJM(M), Sadiya, (Chapakhowa), Tinsukia, Assam for disposal in view of

threatening made by the informant’s side. It is contended that while the petitioner is under threat to his life, he is unable to appear before the court

at Roing and hence prayed for transfer of the case for fair trial.

I have gone through the documents annexed to the petition. The petitioner has annexed the agreement copy vide Annnexure-3 made between the

parties, which reveals that an amount of Rs.10 Lakhs was demanded by the informant for the said incident and an amount of Rs.4 Lakhs was also

paid on the date of agreement i.e. on 13.02.2016.

On the other hand, the father of the present petitioner also apprised the Officer-in-Charge, Roing Police Station about the agreement arrived

between the parties and also about the threat of killing the petitioner for the said incident.

I have also perused the Hon’ble Apex Court’s order annexed as Annexure-6. It is to be noted that the informant/respondent No.3 did not

turn up despite service of Notice to contest the matter or to resist the prayer of transfer.

Mr. NNB Choudhury, learned Public Prosecutor, Arunachal Pradesh has, however, contended that instead of transferring the case to another State

or to any court of State of Assam, the case may be conveniently tried in another court at Namsai district of Arunachal Pradesh, which is at the border

of State of Assam. It is also contended the due to non-availability of State representatives in the court of Assam, it is difficult to conduct the trial in the

courts of Assam. It is, however, contended that they were not aware about the agreement made between the informant and the petitioner as stated

before this Court and same can be answered by the informant himself, but he did not turn up, may be due to indisposition.

Considered the rival submissions made by the parties and the documents annexed. In view of the agreement annexed along with the record, it is

found that there was a demand of excessive compensation of Rs.10 Lakhs from the petitioner and they have already paid an amount of Rs.4 Lakhs

out of the same. It is to be noted that in the cases of accident etc., parties are entitled to make compensation only through the Motor Vehicle

Accidents Claims Tribunal, but despite the prevailing law, the informant’s side forced the accused-petitioner to pay compensation illegally.

That being so, also in view of the constant threat towards the life of the petitioner, it can be inferred that he will be in mental pressure as well as

apprehending danger to life to appear before the court in another State whereas he is a resident of Dibrugarh, Assam. A fair trial cannot be ensured

with a person under constant threat and there is likelihood of interference with the trial by the informant’s side for non-fulfillment of their demand

etc.

This Court in the case of Maguni Charan Behra (Prof.) vs. State of Arunachal Pradesh and ors. reported in 2018 (1) GLT 697, after discussing

legal citations on the matter of transfer has held that apprehension of denial of fair trial in a particular place/ State could be a ground for transfer of

case from one place to another. It was further held that an impartial and uninfluenced trial is the fundamental requirement of a fair trial. If a criminal

trial is not free and fair, the criminal justice system would be at stake and erode the confidence of common people and it is in this context, when it is

shown that trial is likely to be seriously undermined, the Court can consider the prayer for transfer of a case to one Court to another, to meet the ends

of justice.

In the instant case, the apprehension raised by the petitioner for fair trial is found genuine. The constant threat and forceful execution of

documents indicates the apprehension of the petitioner is not a hyper-technical but a genuine ground. In the given circumstances of the case, this

Court can consider the transfer of the case for ensuring a fair trial.

On the other hand, the submission of the learned Public Prosecutor, Arunachal Pradesh to the effect that the case can be tried in another court in

the same State, will not yield any result to the petitioner as he will be still under similar apprehension. Further, the case once transferred to another

State can be tired by the said court in a regular trial and it is no where provided that the learned Public Prosecutor from the said court of another State

is required to conduct the trial. Trial of such case is to be conducted as that of regular cases by the court where it has been transferred.

Having regard to the above and taking note of all matters on record, this Court is of the opinion that the case should be tried in another court of

Assam to ensure fair trial.

Resultantly, the transfer petition is allowed. Accordingly, G.R. Case No.12/2016 (arising out of Roing PS Case No. 10/2016) pending in the court

of learned Chief Judicial Magistrate, Roing, Lower Dibang Valley, Arunachal Pradesh is hereby transferred to the court of learned Sub-Divisional

Judicial Magistrate (M), Sadiya (Chapakhowa), Tinsukia, Assam for fair trial and disposal.

Learned Chief Judicial Magistrate, Roing, Lower Dibang Valley, Arunachal Pradesh is hereby directed to forward the case records of G.R. Case

No.12/2016 (arising out of Roing PS Case No. 10/2016) to the court of learned Sub-Divisional Judicial Magistrate (M), Sadiya (Chapakhowa),

Tinsukia, Assam, forthwith.

The petition stands disposed of with the above observation and direction.