RAJ KUMAR Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) A charge-sheet for commission of the offence under Section 13 of J.&K. Public Gambling Act came to be filed against five accused persons. The petitioner was one of them. On being called upon to plead by the learned trial Court, the petitioner/accused pleaded guilty. The statement of accused/petitioner for recording the plea of guilt was recorded by the learned trial Court. Accepting the plea of guilt, the learned trial Court vide its order dated 8-12-2003 imposed a punishment of fine of Rs. 300/- each upon all the accused including the petitioner. All the accused including the petitioner paid the fine and thus suffered the sentence. The accused/petitioner, however, challenged the order of his conviction and sentence in a revision petition before the learned 2nd Addl. Sessions Judge, Jammu. The learned Sessions Judge vide his order dated 30-4-2004 dismissed the revision petition filed by the petitioner and confirmed the sentence. Being not satisfied with the order of learned Sessions Judge, the petitioner/accused has filed this petition for invoking Section 561-A Cr. P. C. The accused/petitioner prays that the order of trial Court dated 8-12-2003 and order of learned Sessions Judge dated 30-4-2004 be quashed.

(2.) I have heard learned counsel for petitioner.

(3.) The contention of Mr. Dubey, learned counsel for petitioner is that since the statement of accused for recording the plea of guilt has not been recorded by the trial Court in conformity with Section 364 Cr. P. C., therefore, conviction of accused and sentence imposed are vitiated and bad in law. According to the learned counsel the said order should be set aside and the accused should be acquitted of the charge. Section 364 of Cr. P. C. reads as follows :