Bhikubhai Ranchhodji Desai Vs. the State of Gujarat - Court Judgment |
| Criminal |
| Gujarat High Court |
| Sep-21-1965 |
| V.B. Raju, J. |
| (1966)7GLR24 |
| Bhikubhai Ranchhodji Desai |
| The State of Gujarat |
| Pyare Lal v. State of Punjab
|
- v.b. raju, j.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 : (1962)illj637sc 2. the conviction and sentence are, therefore, set aside and it is ordered that there should be a re-trial.
V.B. Raju, J.
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 : (1962)ILLJ637SC
2. The conviction and sentence are, therefore, set aside and it is ordered that there should be a re-trial.