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2009 Supreme(Ker) 480

S.R.BANNURMATH, KURIAN JOSEPH, R.BASANT
K. Moidu – Appellant
Versus
State of Kerala, rep. by the Public Prosecutor – Respondent


Advocates Appeared:For the Petitioner:G. Janardhana Kurup, Senior Advocate, P.V. Surendranath, B. Vinod, E.C. Bineesh, N.K. Shyju, Advocates. For the Respondent: V.G. Govindan Nair - DGP Public Prosecuter, C.K. Suresh, Public Prosecuter.

Judgment :-

Basant, J.

What is the correct procedure to be followed by a Sessions Court after closing the evidence of the prosecution under Sec.231 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C?) and before proceeding to hear arguments under Sec.234 Cr.P.C.? What is the effect of non-compliance with the mandate of Secs.232 and 233 Cr.P.C.? Are the procedural stipulations mandatory? As soon as an omission/infraction of these provisions occurs, does it ipso facto vitiate the proceedings obliging the superior courts to set aside the verdict and concede acquittal to the accused or remand the case to the Sessions Court to recommence proceedings from that vitiated stage? Is proof of prejudice or possibility thereof in the facts of the given case to be insisted before such verdicts are set aside? These are the questions that arise for consideration before us in this Crl.R.P.

2. The Assistant Sessions Judge in a prosecution under Sec.306 IPC rendered a verdict of guilty, conviction and sentence. The challenge before the Sessions Court was rejected and the appeal was dismissed. The accused has challenged the concurrent verdict of guilty, conviction and sentence in this revis
































































































































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