JITENDER ALIAS KALLE Vs. STATE

JUDGEMENT

(1.) These two appeals pertain to the same appellant and raise a common issue. In both these appeals, the "judgments", whereby the appellant has been convicted, though dictated and signed by the judge who heard the arguments in the trials, have been "announced" by a successor judge after the transfer of the predecessor judge. Thereafter, the successor judge has heard arguments on the point of sentence and passed the orders on sentence. A question has been raised by the learned counsel for the appellant as to whether such "announcements" could amount to valid judgments? If not, then they ought to be set aside and so, too, the sentencing orders and the matters be remitted to the trial court for fresh hearing and judgment.

(2.) Criminal Appeal No. 666/2010 arises out of sessions case no. 1135/2009 which in turn arose out of FIR No. 67/1999 dated 11.03.1999 registered at Police Station Keshav Puram under sections 302/307 of the Indian Penal Code, 1881. On the completion of evidence and upon hearing arguments, Mr Bharat Parashar, the learned Additional Sessions Judge-II, North-West District, Rohini Courts, Delhi, passed, inter alia, the following order:-

(3.) On 30.01.2010, Mr Bharat Parashar directed as under:-