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Swatanter Kumar, J.

1. A Bench of the High Court of Karnataka at Bangalore vide its judgment dated 19th December, 2003 while rejecting all the contentions raised by the accused Nagesh, confirmed the judgment of conviction and order of sentence passed by the trial court vide its judgment dated 18th January, 2000 convicting the accused for an offence under Section 302 of the Indian Penal Code, 1860 (IPC) and sentencing him to undergo imprisonment for life and pay a fine of Rs.2000/- in default to undergo further rigorous imprisonment for six months. Aggrieved from the judgment of the High Court, the accused has preferred the present appeal.

18. Again, in its recent judgment in Manu Sao v. State of Bihar [(2010) 12 SCC 310], a Bench of this Court to which one of us, Swatanter Kumar, J., was a member, has reiterated the above-stated view as under :

“12. Let us examine the essential features of this Section 313 CrPC and the principles of law as enunciated by judgments, which are the guiding factors for proper application and consequences which shall flow from the provisions of Section 313 of the Code.

25. In view of the above discussion we find no substance in the submissions made on behalf of the accused-appellant. They merit rejection and are hereby rejected accordingly.

26. We find no merit in the present appeal, the same is dismissed accordingly.

…….…………......................J. (A.K. Patnaik) ...….…………......................J. (Swatanter Kumar) New Delhi May 8, 2012