JUDGMENT :

ABHAY S. OKA, J.

FACTUAL DETAILS

1. Mainly two issues arise in this appeal. The first issue is regarding the omission to frame a proper charge in accordance with Section 213 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’). The second issue is of the consequence of the failure of the learned Trial Judge to put material circumstances brought on record in the prosecution evidence to the accused in their statements under Section 313 of Cr.P.C. In short, this Court will have to examine whether there is a failure to comply with the requirements of Sections 213 and 313 of Cr.P.C. If the answer to the said question is in the affirmative, the next question will be whether prejudice has been caused to the accused due to failure to comply with the aforesaid provisions and whether it has caused a failure of justice.

2. The present appeal arises out of the judgment and order of the Fast Track Sessions Court at Bulandshahr. The Fast Track Court convicted the accused Bangali who is not before this Court for the offences punishable under Section 148 of the Indian Penal Code (for short, ‘IPC’) Section 302 of IPC as well as Section 307 read with Section 149 of IPC. The Fast Tr