Criminal Misc.-M No. 27287 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 27287 of 2011 (O&M) Date of decision: 4.11.2011 Brij Mohan .. Petitioner Vs. State of Punjab and others .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Baljinder Singh Sra, Advocate for the petitioner. Mr. K. S. Pannu, Deputy Advocate General, Punjab. Mr. L. M. Gulati, Advocate for respondents No. 2 to 4. ... Rajesh Bindal J. Prayer in the present petition is for transfer of trial in Sessions Case No. 8 of 2010, titled as “State v. Sunil Kumar and others” in FIR No. 158 dated 10.4.2010 registered under Sections 304-B/34 IPC, Police Station, Civil Lines, Amritsar pending in the court of Sessions Judge, Amritsar to any other place. Learned counsel for the petitioner submitted that the petitioner and his family members have been regularly threatened by the accused whenever they had gone to Amritsar in connection with the case. Under these circumstances, they will not be able to depose in the court, as a result of which the accused may not be convicted for the heinous crime committed by them. Daughter of the petitioner died under mysterious circumstances on 9.4.2010 in less than one year of marriage, which was solemnised on 16.5.2009. He submitted that the petitioner and other family members, who are the witnesses are ready to go to Amritsar under police Criminal Misc.-M No. 27287 of 2011 [2] protection to depose in the court on one date, but their cross-examination be also completed on the same date so that they are not required to go again. Learned counsel for the State does not have any objection to police protection being provided to the petitioner or his any other family member who wishes to depose in the trial pending at Amritsar. Learned counsel for respondents No. 2 to 4 refuted the contention raised by learned counsel for the petitioner regarding threat being given to the petitioner or his any other family member. However, he submitted that whenever the petitioner and/or any other family member will appear in court as a witness and after their examination-in-chief is over, they will be cross-examined on the same date. After hearing learned counsel for the parties and considering their fair stand, the present petition is disposed of with a direction to the State to provide police protection to the petitioner and/or any other family member accompanying him for going to Amritsar for deposition during trial in FIR No. 158 dated 10.4.2010 on the next date of hearing, i.e., 22.11.2011. The court below shall record entire evidence of the petitioner and/or of any other family member on 22.11.2011 including the cross- examination by the counsel for the accused. The petitioner shall inform in advance to the Investigating Officer regarding their programme to attend the court on 22.11.2011. (Rajesh Bindal) Judge 4.11.2011 mk