CRL.A(J) - Gauhati High Court

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JUDGMENT AND ORDER(MADAN B. LOKUR, CJ)This is rather an unfortunate case where the learned SessionsJudge has completely misdirected himself in law, forgetting somevery basic principles.2. The appeal is directed against the judgment and sentence dated14-7-2005 passed by the learned Sessions Judge, Morigaon inSessions Case No.78/2004.3. Before we go to the merits of the case, we may note that theprosecution evidence in this case was closed on 5-7-2005. Thejudgment under appeal shows that arguments were heard on the samedate, that is, 5-7-2005. Judgment was delivered on 14-7-2005, that is,after about 8/9 days.4. On 14-7-2005, apparently after the judgment was delivered, theappellant was asked to enter his defence under Section 233(1) of theCrPC. He was asked the following question:-Crl Appeal (J) No.99/05 Page 2 of 9
“Q. - You are found guilty for committing murder ofyour own wife Musstt. Sahera Khatun. Will you adduceany evidence for your defence?Ans. – I have no evidence to adduce for my defence.”5. It is basic and fundamental that an accused person should beasked to lead his evidence before his conviction but we are surprisedthat a Judicial Officer as senior as a Sessions Judge did not evenrealize this.6. In the judgment under appeal, it is recorded (negatively) inparagraph 3 that the examination of the defence witnesses does notarise because if the accused does not deserve acquittal then he will becalled upon to lead his defence evidence. In other words, according tothe learned Sessions Judge a decision has to be taken soon after theprosecution evidence is closed whether the accused is guilty or not – ifthe accused is not guilty the question of adducing defence evidencedoes not arise but if the accused is guilty then he may be asked to leadhis defence evidence. We are more than surprised that the learnedSessions Judge has taken such a view.7. Paragraph 3 of the judgment under appeal reads as follows:-Crl Appeal (J) No.99/05 Page 3 of 9
Page 1: IN THE GAUHATI HIGH COURT(HIGH COUR
Page 5 and 6: 9. It appears to us that the learne
Page 7 and 8: 15. For convicting the appellant, t
Page 9: afresh trial and in fact no such re

CRL.A(J) - Gauhati High Court

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