Back
IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA, J.
Dhanu Ghosh @ Bhiku @ Bhanu Ghosh & Others – Appellants
Versus
The State of West Bengal & Another – Respondents
C.R.R. 3255 of 2023
Decided on : 27-02-2024
Indian Penal Code - Criminal Procedure - 341/326/34 - The court discussed the provisions of Section 313 of the Code of Criminal Procedure and its importance in allowing the accused to explain any circumstances appearing in the evidence against them. The court referred to relevant judgments and emphasized the need for proper examination of the accused under Section 313 for effective adjudication of the case.
Fact of the Case:
The de-facto complainant alleged that the accused physically assaulted his brother, resulting in serious injuries. The trial court acquitted the accused, but the appellate court set aside the acquittal and remanded the case for retrial from the stage of recording the accused persons' statements under Section 313 of the CrPC.
Finding of the Court:
The court found that the examination of the accused under Section 313 of the CrPC is crucial for allowing the accused to explain circumstances appearing in the evidence against them. It held that the trial court had failed to properly examine the accused, and therefore, the appellate court's decision to set aside the acquittal and remand the case for retrial was justified.
Issues: The main issue was whether setting aside the acquittal and remanding the case for retrial from the stage of examination of accused persons under Section 313 of the CrPC was proper and legal.
Ratio Decidendi: The court emphasized the importance of properly examining the accused under Section 313 of the CrPC to allow them to explain any circumstances appearing in the evidence against them. It referred to relevant provisions and judgments to support the finding.
Final Decision: The court dismissed the Criminal Revisional application, finding no illegality or perversity in the appellate court's decision to set aside the acquittal and remand the case for retrial. It directed the trial court to expedite and conclude the trial within four months from the date of communication of the order.
JUDGMENT :
Ajay Kumar Gupta, J:
1. This instant Criminal Revisional application has been filed by the petitioners assailing the judgment and order dated 4th August, 2023 passed by the learned Additional District and Sessions Judge, Fast Track Court-II Court at Krishnanagar, Nadia in Criminal Appeal No. 19/2022 preferred by the opposite party no. 2/de-facto complainant, thereby setting aside the judgment of acquittal dated 18.06.2022 passed by the learned Judicial Magistrate, 3rd Court, Krishnanagar, Nadia in G.R. Case No. 2112/2021, arising out of Nakashipara Police Station Case No. 19/2021 dated 13th January, 2021 under Sections 341/326/34 of the Indian Penal Code, 1860 and remanded the case back for retrial from the stage of recording of statements of the accused persons under Section 313 of the Code of Criminal Procedure.
2. The factual matrix of the instant case leading to filing of this application is as under:
The opposite party no. 2/de-facto complainant lodged a written complaint against the petitioners/accused persons alleging, inter alia, that the petitioners herein allegedly attacked and physically assaulted the elder brother of the opposite party no. 2 herein. He suffered serious injuries resulted in registration of Nakashipara Police Station Case No. 19/2021 dated 13.01.2021 under Sections 341/326/34 of the Indian Penal Code, 1860. After conclusion of the investigation, the investigating officer submitted charge sheet being No. 146/2021 dated 10.04.2021 against the petitioners herein under Sections 341/326/34 of the Indian Penal Code though the contention of the petitioners is that the accusation is false and fabricated and only on the basis of concocted stories and counterblast of the initiation of a Civil Suit being Title Suit No. 45/2016. The said proceeding was finally concluded in its logical conclusion after completion of trial and upon recording the statements of the accused persons under Section 313 of the Cr.PC. Ld Magistrate after considering the case of the parties and scanning of evidences brought on record finally vide judgment and order dated 18.06.2022 acquitted all the accused persons under Section 248(1) of the Code of Criminal Procedure, 1973.
Feeling aggrieved by and dissatisfied with the said acquittal order, the de-facto complainant filed Criminal Appeal being No. 19/2022 and the same was transferred to the learned Additional District and Sessions Judge, Fast Track Court – II at Krishnanagar, Nadia for its disposal.
After hearing the parties, the learned Additional District and Sessions Judge set aside the judgment and order dated 18.06.2022 passed by the learned Judicial Magistrate, 3rd Court at Krishnanagar, Nadia and thereby remanded the case back for retrial from the stage of recording of statements of the accused persons under Section 313 of the CrPC though there was no sufficient evidence brought on record by the prosecution. Furthermore, it is further contention of the Petitioners that remand order is bad in law since further examination of accused under Section 313 of the Cr.P.C. is only to fulfil lacuna/gap in prosecution case. Examination of the accused persons under Section 313 of the CrPC has already been done as per law after inviting them on the basis of circumstances and evidence brought with regards to alleged offence as such same is liable to set aside. Hence, the instant revisional application has come up before this bench for disposal.
SUBMISSION ON BEHALF OF THE PETITIONERS:
3. Learned Advocate appearing on behalf of the Petitioners vehemently submitted that the entire case is based on concocted and fabricated story although a charge sheet has been submitted against the present petitioners and subsequently trial has been commenced. Be that as it may, finally after appreciation and scanning of the evidence, the learned Magistrate has acquitted all the accused persons from the aforesaid proceeding. The learned Appellate Court has failed to consider that the learned Magistrate has exa
The main legal point established in the judgment is the importance of properly examining the accused under Section 313 of the CrPC to allow them to explain any circumstances appearing in the evidence....
The judgment emphasizes the necessity of individual examination of accused under Section 313 Cr.P.C. to ensure fair trial rights, and procedural defects can lead to acquittal if they cause prejudice.
The mandatory provision of Section 313 CrPC aims to afford the accused an opportunity to explain each and every circumstance and incriminating evidence against them, and failure to comply with this p....
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....
Criminal Revision - Though there are no limits of the powers of the Court under Section 482 of the Code but the more the power, the more due care and caution is to be exercised in invoking these powe....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
