Bikhubhai Ranchodji Desai Vs. State of Gujarat - Court Judgment

SooperKanoon Citationsooperkanoon.com/735154
SubjectCriminal
CourtGujarat High Court
Decided OnSep-21-1965
Case NumberCriminal Appeal No. 706 of 1964
Judge V.B. Raju, J.
Reported inAIR1967Guj11
ActsCode of Criminal Procedure (CrPC) , 1898 - Sections 350
AppellantBikhubhai Ranchodji Desai
RespondentState of Gujarat
Appellant Advocate K.J. Shethana, Adv.
Respondent Advocate B.R. Shah, Asst. Govt. Pleader
Cases ReferredPyare Lal v. State of Punjab
Excerpt:
- (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, air 1962 sc 690 at p. 692. the conviction and sentence are, therefore, set aside, and it is ordered that there should be a re-trial.(2) appeal allowed;(3) retrial ordered.
Judgment:

(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, AIR 1962 SC 690 at p. 692. The conviction and sentence are, therefore, set aside, and it is ordered that there should be a re-trial.

(2) Appeal allowed;

(3) Retrial ordered.