Bikhubhai Ranchodji Desai Vs. State of Gujarat - Court Judgment
|Court||Gujarat High Court|
|Case Number||Criminal Appeal No. 706 of 1964|
|Judge|| V.B. Raju, J.|
|Acts||Code of Criminal Procedure (CrPC) , 1898 - Sections 350|
|Appellant||Bikhubhai Ranchodji Desai|
|Respondent||State of Gujarat|
|Appellant Advocate|| K.J. Shethana, Adv.|
|Respondent Advocate|| B.R. Shah, Asst. Govt. Pleader|
|Cases Referred||Pyare Lal v. State of Punjab|
- (1) in this case, the learned sessions judge of bulsar at navsari has convicted the appellant, but he has acted on the evidence recorded by his predecessor, namely, the extra additional sessions judge, surat. section 350 of the criminal procedure code applies only to magistrates and not to the sessions judges, as observed by their lordships of the supreme court in pyare lal v. state of punjab, air 1962 sc 690 at p. 692. the conviction and sentence are, therefore, set aside, and it is ordered that there should be a re-trial.(2) appeal allowed;(3) retrial ordered.
(1) In this case, the learned Sessions Judge of Bulsar at Navsari has convicted the Appellant, but he has acted on the evidence recorded by his predecessor, namely, the Extra Additional Sessions Judge, Surat. Section 350 of the Criminal Procedure Code applies only to Magistrates and not to the Sessions Judges, as observed by their Lordships of the Supreme Court in Pyare Lal v. State of Punjab, AIR 1962 SC 690 at p. 692. The conviction and sentence are, therefore, set aside, and it is ordered that there should be a re-trial.
(2) Appeal allowed;
(3) Retrial ordered.