SURENDRA LAL SHAHA Vs. ISAMADDI

JUDGEMENT

(1.) WE make the Rule absolute on the ground on which it was granted, namely, that there was no examination of the accused in accordance With the provisions of Section 342 of the Code of Criminal procedure. This examination must take place at the close of the prosecution case and before the accused have entered on their defence and it is no compliance with the section if the examination takes place at a later stage.

(2.) THE result is that the conviction and sentence are set aside, and the trial must be taken up from the close of the prosecution case and the accused must be examined in accordance with the provisions of Section 342 before they have entered on their defence.