Bhikubhai Ranchhodji Desai Vs. the State of Gujarat - Court Judgment

SooperKanoon Citationsooperkanoon.com/737404
SubjectCriminal
CourtGujarat High Court
Decided OnSep-21-1965
Judge V.B. Raju, J.
Reported in(1966)7GLR24
AppellantBhikubhai Ranchhodji Desai
RespondentThe State of Gujarat
Cases ReferredPyare Lal v. State of Punjab
Excerpt:
- 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.
Judgment:

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.