KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER filed the instant revision to challenge the judgment dated 03.12.2012 of learned Additional Sessions Judge, Sangrur in appeal against the judgment of conviction and sentence passed by the learned trial Court against the petitioner for offences under Sections 420 and 471 of Indian Penal Code (IPC). The learned Appellate Court set aside the judgment of conviction and sentence and remitted the case to the trial Court with a direction to proceed from the stage where the irregularity occurred i.e. from the stage of recording statement under Section 313 Cr.P.C. The trial Court was further directed to record the statement of the petitioner in accordance with law and thereafter to provide reasonable opportunity to him to lead defence evidence and decide the case afresh.

(2.) LEARNED counsel for the petitioner relied upon judgment of the Single Bench of this Court in Makhan Singh v. State of Punjab,, 1992 (2) RCR (Criminal) 109 to contend that remanding the case to the trial Court under the circumstances would tantamount to allowing prosecution to fill in the lacuna, which could not be legally done.

(3.) THE learned Appellate Court has observed as under: - -