TRILOK CHAND BANSAL Vs. THE STATE

JUDGEMENT

(1.) During the course of arguments one of the point raised by the learned counsel for the appellant was that some of the very important questions pertaining to circumstances which have been relied upon by the trial Court for convicting the appellant were not put to the witnesses under Section 313 of the Criminal Procedure Code and in this manner the trial is vitiated and in fact if those questions would have been put up in it proper manner then the appellant might have thought it appropriate to lead defence which opportunity has also not been availed because of not pulling up of the questions in it proper manner. He has pointed out questions No. 50, 52, 58 and 59. A perusal of these questions goes to show that recovery of hawala statement, mobile phone is stated to have been made from co-accused Ajay Rana whereas the case of the prosecution is that these recoveries have been affected from the appellant, which is also so stated in the judgment delivered. Similarly, despite there being no recovery of any cash from the appellant, Question No.58 goes to show that the currency notes were recovered from the appellant. Question No.52 and 58 are reproduced hereunder for the sake of reference :

(2.) Learned APP submits that there was typographical error in the evidence recorded earlier and it is for that reason some mistakes have occurred while drafting the questions such as typing of him in place of 'you' in Q.No.52.

(3.) However, this contention cannot be accepted for the reasons that reading of the questions clearly goes to show that what has been put to the appellant is not as per the record. Even if this error has been committed because of some typographical mistake committed during the course of recording of the evidence such omissions such as relying upon the disclosure statement of it co-accused and showing recovery of Hawala Slip and Mobile Phone from the said co-accused which the learned trial Judge has considered to have been recovered at the instance or the appellant is it grave mistake and if the questions would have been put up in proper perspective it different answer might have conic on record.