view that, under the Section 313
statement, if the accused admits that, from the
evidence of various witnesses, four persons
sustained severe bullet injuries ... associates, that admission of guilt
18 ( 2024:HHC:5179 )
in Section 313 statement cannot be brushed aside.
This Court in State of Maharashtra v. Sukhdev
recording the statement of
Om Parkash on 25.03.1999. Ms. Ranjana Sabharwal, the then Judicial
Magistrate Ist Class, Hisar, recorded his statement Ex.PE. Appellant Satta ... possession of Shamsher.
44. Appellate Satta alias Satte, in his statement under Section 313
Cr.P.C., admitted that on the night intervening
guilty, but he did not cross examined the PW1 and his
313 statement was dispensed and he was convicted and the
same was challenged before ... justice on account of the
statement of the respondent, accused statement has not
been recorded under Section 313 Cr.P.C. Having due regard
examined the
accused u/S.313 of CrPC. The trial court dispensed with
recording of 313 statement which is incorrect. He argued
that ... posted for examination of accused u/S.313 of
CrPC, but on the date fixed for 313 statement the trial
court not only dispensed
trial court
has not recorded the 313 statement and dispensed with recording of
statement U/S 313 of Cr.P.C ., whereas there ... 313 Cr.P.C. As per Section 313(1)(a), the court ought to
16 Crl.A.No.1367/2023
have record the statement
error in relying upon the Indian Bank case, dispensed
the 313 statement and Court has to take note of the
material and also the judgment ... only the Court taken as no cross and also
dispensed with 313 statement and even after
dispensing 313 statement also once again an
application
absent and
there was no representation of advocate for accused. Hence,
313 statement was dispensed as accused did not avail the
opportunity. Hence, defense evidence ... sentence passed by
the trial court without providing an opportunity for 313 statement
passed by the above order is bad under law and the same
taken as
"no cross" on 17.01.2018.
5. On 20.01.2018, 313 statement of the
Appellant was recorded by the Trial Court. The Trial
Court ... cross on 17.01.2018. And the matter came to be
posted for 313 statement on 20.01.2018. On
20.01.2018 313 statement of the Accused was
recorded
Urgyandorjee has proved letter Ex PW51/A
and certified copies of statement Ex P14, P15 and Ex PW51/B.
55 PW52 is Niranjan ... PW63 is H S
20/150
21
Sandhu.
59 Statement of the accused U/s 313 Cr PC was
recorded wherein he has denied
statement
is not recorded after administration of oath and the accused
cannot be cross-examined. his statement so recorded under
Section 313 CrPC cannot ... inculpatory part of his statement cannot be made
the sole basis of his conviction. The statement under Section 313
Cr.P.C. is not recorded
