Proper recording of the accused's statements is essential for ensuring a fair trial in criminal proceedings.

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE V SRISHANANDA)

Heard Sri S.B. Sangolagi, learned counsel for the appellants and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent/State.

2. This appeal is by the accused, who suffered an order of conviction in S.C.No.140/2019, on the file of the I Additional Sessions Judge, Kalaburagi by judgment dated

19.08.2021.

3. Facts in the nutshell are as under:

The appellants are chargesheeted for the offences punishable under Section s 504 , 323, 324, 307 and 506 read with Section 34 of the Indian Penal Code and after due trial, they were convicted and sentenced as under:

“Accused Nos.1 to 3 are hereby convicted for one month simple imprisonment for the offence punishable U/sec.504 R/w Sec.34 of I.P.C. with fine amount of Rs.1,000/- each and in default of payment of fine amount, they shall under go simple imprisonment for a period of one week.

Accused Nos.1 to 3 are hereby convicted for one month simple imprisonment for the offence punishable U/sec.323 R/w Sec.34 of I.P.C. with fine amount of Rs.1,000/- each and in default of payment of fine amount, they shall under go simple imprisonment for a period of one week.

Accused Nos.1 to 3 are hereby convicted for one month simple imprisonment for the offence punishable U/sec.506 R/w Sec.34 of I.P.C. with fine amount of Rs.1,000/- each and in default of payment of fine amount, they shall under go simple imprisonment for a period of one week.

Accused Nos.1 to 3 are hereby convicted for two months simple imprisonment for the offence punishable U/sec.324 R/w Sec.34 of I.P.C. with fine amount of Rs.2,000/- each and in default of payment of fine amount, they shall under go simple imprisonment for a period of two weeks.

Accused Nos. 1 to 3 are hereby convicted for five years rigorous imprisonment for the offence punishable U/sec.307 R/w Sec.34 of I.P.C. with fine amount of Rs.10,000/- each and in default of payment of fine amount, they shall under go simple imprisonment for a period of one year.

Accused Nos.1 to 3 are entitled for right of set off the period of judicial custody undergone during the period of trial as provided under the provisions of Sec.428 of Cr.P.C.

All the sentences shall run concurrently.

Acting Under section 357(3) of Cr.P.C. out of the fine amount of Rs.45,000/- I hereby award a compensation of Rs.40,000/- to CW.4 Suryakant.

The accused are hereby directed to deposit the said fine amount within 30 days and if they fails to do so within 30 days, then CW.4 Suryakant is at liberty to approach the concerned D.L.S.A in seeking compensation amount, available under section 357(A) of Cr.P.C. The concerned Secretary of the D.L.S.A is hereby directed to conduct the proper enquiry and to grant compensation amount for the injuries sustained by the injured, because of the act of the accused.”

4. Among the other grounds urged in the appeal memo, Sri S.B. Sangolagi, learned counsel for the appellants invited the attention of this Court that recording of the accused statements by the learned Trial Judge is not in accordance with law and it is the important stage in the criminal trial. Therefore, for want of proper procedure in conducting sessions trial has resulted in miscarriage of justice and thus sought for allowing the appeal.

5. On perusal of the record, Sri Jamadar Shahabuddin, learned High Court Government Pleader submits that may be due to rush of work, the learned Trial Judge has not properly recorded the accused statements and therefore, it is only the irregularity and sought for dismissal of the appeal.

6. Having heard the ar