CRL.A(J) - Gauhati High Court

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“3. Based on commitment papers and record of GRcase, this Sess case was registered against accused AbdulLatif. As per direction of Committing <strong>Court</strong>, the accusedalso appeared before this <strong>Court</strong>. After perusal of 173 CrPCpapers and after hearing learned advocates for both thesides, charges u/s 302/201 IPC were framed against theaccused. The charges were read over and explained to theaccused to which the accused pleaded not guilty andclaimed to be tried. In this case, the prosecution examinedas many as 11 PWs including I/O whereas defenceexamined none so far. Defence plea is simple denial. In thisstage, question of examination of DW does not arise,because procedurally, if accused does not deserve hisacquittal, under the circumstance, accused shall becalled upon to enter into his defence and that stage is notyet at hand. … … …”(Emphasis given)8. Thereafter, the appellant was found guilty by the learnedSessions Judge and convicted, without giving him an opportunity tolead any defence evidence. In paragraph 23 of the judgment underappeal the learned Sessions Judge called upon the accused to enter hisdefence, if any. The relevant portion of paragraph 23 of the judgmentunder appeal reads as follows:-“23. Now the accused is called upon to enter into hisdefence, if any. The accused declined to adduce anyevidence for his defence. Hence, the accused is heard onthe point of sentence for offence punishable u/s 302/201IPC, but accused stated nothing on the point of sentencealso. … …”Crl Appeal (J) No.99/05 Page 4 of 9
9. It appears to us that the learned Sessions Judge first dictatedand pronounced the judgment from paragraph 1 to 22 on 14-7-2005and convicted the appellant. Thereafter he asked the appellant whetherhe would like to adduce any evidence in his favour. The appellantdeclined to do so. The learned Sessions Judge then asked the accusedif he had anything to say on the question of sentence. The appellantdid not have anything to say on the sentence. Then the learnedSessions Judge dictated and pronounced the remaining portion of thejudgment from paragraph 23 onwards sentencing the appellant toimprisonment for life.10. On these facts, as they appear from the record, there is nooption for us but to set aside the judgment under appeal and come tothe conclusion that without giving any opportunity to the appellant toadduce evidence in his favour, he has been convicted by the learnedSessions Judge.11. However, we have also gone through the merits of the case andwe find that no ground for conviction has been made out.12. The case against the appellant is that his wife Musstt SaheraKhatun disappeared from the matrimonial home on 22-6-2002Crl Appeal (J) No.99/05 Page 5 of 9
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CRL.A(J) - Gauhati High Court

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