BHIKUBHAI RANCHHODJI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this case the learned Sessions Judge of Bulsar at Navsari has convicted the appellant but he has acted on the evidence recorded by his predecessor namely the Extra Additional Sessions Judge Surat. Sec. 350 of the Criminal Procedure Code applies only to Magistrates and not to the Sessions Judges as observed by their Lordships of the Supreme Court in Pyare Lal v. State of Punjab A.I.R. 1962 Supreme Court 690 at page 692. The conviction and sentence are therefore set aside and it is ordered that there should be a re-trial. Retrial ordered