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SUPREME COURT OF INDIA

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PETITIONER:

BASAVARAJ R. PATIL AND OTHERS

Vs.

RESPONDENT:

STATE OF KARNATAKA AND OTHERS

DATE OF JUDGMENT: 11/10/2000

BENCH:

S.N.Variava, K.T.Thomas

JUDGMENT:

L.....I.........T.......T.......T.......T.......T.......T..J

J U D G M E N T THOMAS, J. Leave granted. When a

criminal court completes prosecution evidence (other than in

summons cases) is it indispensably mandatory that the

accused himself should be questioned? Can not the court

allow the advocate to answer such questions on behalf of the

accused at least in some exigent conditions? A two Judge

Bench of this Court has held in Usha K. Pillai vs. Raj K.

Srinivas & ors. {1993(3) SCR 467} that there is no

alternative to it permissible under law. When such an issue

arose in this case before this Court, a Bench of two Judges

made a reference to a larger Bench for reconsideration of

the legal position stated in Usha K. Pillai (supra).

The aforesaid question arose in this case from the

following factual background: First appellant a software

engineer (now stationed in USA) is the husband of second

r