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GURVINDER SINGH GILL, N. S. SHEKHAWAT
State of Punjab – Appellant
Versus
Lakha Singh – Respondent
JUDGMENT :
Mr. Gurvinder Singh Gill, J.
This order shall dispose off the aforesaid two appeals arising out of judgment of conviction and order of sentence dated 26.08.2002 passed by learned Additional Sessions Judge (Ad hoc), Amritsar rendered in a trial arising out of FIR No.11 dated 25.01.1997 registered at P.S. Goindwal Sahib, under Sections 307/324 IPC, whereby accused/appellants, namely, Lakha Singh and Swaran Singh have been convicted and sentenced as under :
| Name of convict | Under Section | Rigorous Imprisonment | Fine | In default | |
| Lakha Singh | 326 IPC | Three years | Rs.2000/- | Two months RI | |
| Lakha Singh | 324/34 IPC | One year | — | — | |
| Swaran Singh | 326/34 IPC | Three years | Rs.2000/- | Two months RI | |
| Swaran Singh | 324 IPC | One year | — | — |
2. While CRA-D-966-DBA-2002 has been filed by the State of Punjab challenging the acquittal of the accused (Lakha singh and Swaran S
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....
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.
(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....
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 failure to put the contents of the dying declarations to the accused under Section 313 CrPC resulted in prejudice to the accused, and the dying declarations could not be used against him in the a....
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