SURESH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the sole appellant against the judgment dated 23.9.1989 recorded by the then Special Judge Vaishali in G.R. No. 791 of 1985 convicting the appellant under Section 7 of the Essential Commodities Act, 1955 ("the Act", in short), sentencing him to undergo rigorous imprisonment for six months.

(2.) The only point that has been urged before me is that the witnesses in this case were examined and cross-examined by 6.6.1989 and the appellant was examined under Section 313 of the Code of Criminal Procedure ("Cr.P.C.", in short) on 19.6.1989 whereas judgment was delivered by Sri S.N. Pathak in whose Court this case was received on transfer on 5.9.1989.

(3.) Sri N.K. Agrawal, earned Counsel for the appellant argued that this judgment was delivered by Special Judge who had not recorded evidence of any witness nor had examined the appellant under Section 313 of the Cr.P.C. whereas the case was tried summarily, and since the judgment was based on the evidence of witnesses recorded by his learned predecessor, the judgment could not be sustained under law under the provision of Section 326(3) of the Cr.P.C.