Conduct of The Trial of the Sessions Case

 

 

(A) Long Delay of Delivery of Judgment

The petitioner as the Sessions Judge recorded the statements of the accused persons under section 342 Cr. P. C. and the arguments] were heard by him on 16.3.93 and the j Judgment was delivered on 30.3.93- Held: We do not think that delivery of Judgment within two weeks of the conclusion ofl arguments is a delivery after a long delay.

Munshi Mohammad Ali Vs. The State 4 BLT (AD)-14

(B) For the Bungling of the Case

The petitioner as the sessions judgement acquitted the accused persons charged under section  302  of the  Penal  Code  by a  Judgment and order, Informant preferred Criminal Revision in the High Court against the said acquittal- The Division Bench of The High Court Division made the rule absolute and commented "we are inclined to believe in this particular case that there have been  either  utter  negligence  or unholy alliance  amongst interested  persons for  giving the accused opposite parties acquittal"- Comments have been made in the  impugned judgment regarding petitioner  conduct of the trial of the sessions case which will prejudice him forever in future; contended by the learned Advocate of petitioner.

Held: We do not think that by the language employed by the Division Bench the learned Sessions Judge has been implicated in way for the bungling of the case.

Munshi Mohammad Ali Vs. The State 4 BLT(AD)-141.

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