SUBHASH NAGORAO JUNGHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has been convicted for the murder of his wife by burning under section 302 of I. P. C. The appellant has been sentenced to suffer life imprisonment and a fine of Rs. 5,000/- and in default, to suffer rigorous imprisonment for one year more. The appellant challenges his conviction and sentence in this appeal.

(2.) TO start with, the learned Counsel for the appellant drew our attention to the questions put to the accused under section 313 of Cri. P. C. and argued that long and complex questions have been put, which has resulted in serious prejudice to the appellant and, therefore, on this count alone, the judgement of the trial Court is required to be set aside.

(3.) ON the other hand, the learned A. P. P. , relying upon the judgment of the Division Bench of this Court in the case of (Shivlal Shankar Mahajan v. State of Maharashtra), reported in 1997 (1) B. Cr. C. 259, argued that on account of the mistake committed by the trial Court in following proper procedure in examining the accused, the accused is not entitled to get acquitted, but this Court should direct the trial Court to properly examine the accused under section 313 of Cri. P. C. and thereafter dispose of the matter in accordance with law.