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Hamid Ali Vs. Srikissen GossaIn and anr. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in75Ind.Cas.367
AppellantHamid Ali
RespondentSrikissen GossaIn and anr.
Excerpt:
criminal procedure code (act v of 1898), section 342 - examination of accused at conclusion of prosecution evidence, absence of, effect of--illegality--re-trial. - 1. we have no alternative but to accept this reference in view of the recent rulings of this court.2. the finding and sentence must, therefore, be set aside and the trial resumed from the point where the court examined the accused persons after the examination of the prosecution witness s concluded. we would impress on the learned magistrate the necessity for a strict observation of the provision of the code of criminal procedure and where the terms of the code are perfectly clear there is no excuse whatever for a deliberate disregard of them.
Judgment:

1. We have no alternative but to accept this reference in view of the recent rulings of this Court.

2. The finding and sentence must, therefore, be set aside and the trial resumed from the point where the Court examined the accused persons after the examination of the prosecution witness s concluded. We would impress on the learned Magistrate the necessity for a strict observation of the provision of the Code of Criminal Procedure and where the terms of the Code are perfectly clear there is no excuse whatever for a deliberate disregard of them.


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