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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