N PISHAK SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 5/7/2004 passed by the learned Additional Sessions Judge, Manipur West in Session Trial No. 4 of 1991 convicting the present appellant for the commission of the offences punishable under sections 302/364/201 of the I.P.C.

(2.) We have heard Mr. Th. Modhu, learned Counsel appearing on behalf of the appellant and Mrs. Ch. Bidyamani Devi, learned Additional Public Prosecutor.

(3.) The only ground of this appeal submitted by the learned Counsel of the appellant, is that the learned Additional Sessions Judge, Manipur West had never called upon the accused appellant to enter on his evidence and adduce defence evidence before passing the impugned judgment and order as per mandatory provisions of section 233 of the Cr.P.C. and as such the impugned judgment and order is not sustainable in the eye of law.