BHAWANI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel Shri Thakur for the petitioner as well as the learned public prosecutor. While deciding the appeal, learned Sessions Judge found that the whole evidence which was produced by the prosecution against the accused-petitioner was not put in the statement under Sec. 313 Cr.PC. and the accused-petitioner did not have opportunity to explain the whole circumstance. In Para No. 4 of the judgment. the learned Sessions Judge has stated that the Magistrate examined witnesses on behalf of the prosecution but the evidence of only three witnesses was put to the accused-petitioner in to order to obtain his explanation. Documentary evidence was also not put to the accused-petitioner in his statement recorded under Sec. 311 Cr.PC. He, therefore, set aside the order of conviction and remanded the case to the learned Magistrate to record the statement of the accused under Sec. 313 again with direction that he should be given further opportunity to produce defence, if he so likes and then to decide the matter afresh.

(2.) This revision petition has been directed against the order of remand. Shri Thakur submitted that lacuna left by the Court cannot be filled at this belated stage after a lapse of more than 8 years.

(3.) Learned Public Prosecutor has supported the judgment of the learned Sessions Judge.