RAJU SURESHSINGH THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN Sessions Trial No. 127/1995, the trial of the appellant/accused was taken up by the 3rd additional Sessions Judge, Nagpur. The appellant was charged for having committed murder of one Girdhari Bhagwan Kamble, on 10-11-1994 at about 12. 00 hrs. , at Manas Chawk, near S. T. Bus Stop, Sitabuldi, Nagpur, by means of Katyar. On conclusion of the trial, the appellant/accused was found guilty of having committed offence under section 302 of the indian Penal Code and, therefore, was convicted and sentenced to suffer imprisonment for life by judgment and order, dated 3-11-1995, passed by the 4th Additional sessions Judge, Nagpur. It is this judgment and order which is the matter of challenge before us.

(2.) MR. M. R. Daga, learned Counsel appearing for the appellant, submitted that before going into the merits of the case, the Court should consider his preliminary ground, which goes to the root of the matter and that is that the learned trial Court has failed to examine the appellant/accused as required under section 313 of the criminal Procedure Code, 1973 (hereinafter referred to as the Code ), which has greatly prejudiced this case and, therefore, it vitiates the conviction and sentence and, according to Mr. Daga, the appellant/accused deserves to be acquitted, or in the alternative, the case should be remanded to the trial Court for fresh consideration and the trial Court should be directed to conduct fresh examination of the appellant/accused as required under section 313 of the Code and then decide the case in accordance with law.

(3.) MR. Daga submitted that the trial was taken up on 3-8-1995 by the then Presiding Officer, i. e. , the 3rd Additional sessions Judge, Nagpur, by framing a charge vide Exhibit 4. After recording of evidence and conclusion of the trial, Mr. Sadavarte, 3rd Additional Sessions Judge, Nagpur, examined the accused under section 313 of the Code. Thereafter, it appears that the case was transferred to the file of Shri S. G. Bhalchandra, 4th Additional Sessions Judge, Nagpur, who heard the arguments in the matter and passed the impugned judgment and order.