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A. M. BADAR, RAJESH KUMAR VERMA
Bhim Yadav – Appellant
Versus
State of Bihar – Respondent
A. M. BADAR, J.:–By this appeal, appellant/convicted accused Bhim Yadav is challenging the Judgment and Order dated 25.04.2014 and 30.04.2014 respectively, passed by the learned Adhoc Additional Sessions Judge-I, Banka, in Sessions Trial No.148 of 2010, thereby convicting him of the offence punishable under Section 396 of the Indian Penal Code and sentencing him to imprisonment for life apart from imposition of fine of rupees ten thousand and in default directing him to undergo imprisonment for six months. For the sake of convenience, the appellant/ convicted accused shall be referred to in his original capacity as “an accused”.
2. Facts leading to the prosecution of the accused projected from the police report can be summarized thus:–
(a) According to the prosecution case, in the night intervening 16.10.2009 and 17.10.2009, the accused along with other named accused persons had committed armed dacoity in the house of Maduli Yadav situated at village Ojha Bathan, Police Station Katoriya (Suiya) in Banka District of Bihar and while committing that dacoity has committed murder of three inmates of that house, namely, Maduli Yadav and his two sons Manoj Yadav as well as Nageshwar Yadav.
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(1) Court must ordinarily eschew material circumstances not put to accused from consideration while dealing with case of particular accused.(2) Examination of accused – Court is empowered to take hel....
Whenever a plea of non-compliance with Section 313 Cr.P.C. is raised, it is within powers of appellate court to examine and further examine the convict or counsel appearing for accused and the said a....
Procedure for recording the statement of the accused person so as to allow him an opportunity to explain the incriminating circumstances, if any, appearing in the evidence brought on record by the pr....
The court determined that inadequate compliance with Section 313 of the Cr.P.C. during trial prejudiced the accused, necessitating a remand for reconsideration under proper procedural safeguards.
Compliance with Section 313 of Cr.P.C. is crucial to afford the accused an opportunity to explain incriminating evidence and non-compliance leading to prejudice warrants setting aside the conviction.
Where there is perfunctory examination under Section 313 Cr.P.C., matter is capable of being remitted to trial court from the stage at which prosecution was closed.
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