K.A.REHMAN Vs. STATE

JUDGEMENT

(1.) THE petitioner in this CRR under s.397 read with s.401 of the Code of Criminal Procedure, 1973 dated September 19, 2012 is aggrieved by an order of the Additional Sessions Judge, A & N Islands, Port Blair dated September 13, 2012 in SC No.23 of 2010 (ST No.26 of 2012) under s.308 IPC. He is the accused in the trial. THE order of the Additional Sessions Judge dated September 13, 2012 is quoted below:-

(2.) IN view of the provisions of s.353 of the Code of Criminal Procedure, 1973 the Additional Sessions Judge was under an obligation to pronounce his judgment he intended to have pronounced in the trial immediately after the termination of the trial or at some subsequent time of which notice was to be given to the parties or their advocates. The orders dated July 2, 2012, July 9, 2012, July 18, 2012 and August 10, 2012 passed by the Additional Sessions Judge in the trial reveal that until August 10, 2012 he had permitted the petitioner to submit his written argument, though from as back as July 2, 2012 he had started fixing next date "for delivery of judgment. " It is to be noted that while he was fixing the next dates "for delivery of judgement, " he was at once permitting the petitioner to file his written argument. It is only in the order dated August 10, 2012 fixing August 24, 2012 for judgment that he did not say anything regarding written argument. Hence it can be said that the trial terminated on August 10, 2012.

(3.) MS.Nag and Mr.Mandal both have considered the Supreme Court decision in Surendra Singh v. State of U.P., AIR 1954 SC 194, I pointed out to them. In Surendra Singh v. State of U.P., AIR 1954 SC 194 the Supreme Court said that delivery of judgment is a solemn act which carries with it serious consequences for the person or persons involved; and that in a criminal case it often means the difference between freedom and jail; for when there is a conviction with a sentence of imprisonment, it alters the status of a convict and the term of his sentence starts from the moment the judgement is delivered.