cases has held that in
absence of sufficient explanation in the statement of 313 by the
accused regarding stolen articles, presumption of involvement ... circumstance regarding knowledge of dacoity
put to the accused in Section 313 statement. The law laid down by
the Apex Court in case of Sharad
such evidence, the supplementary statement of the
accused-Harjinder Singh was recorded on 19.4.2007. An additional
statement under Section 313 of the Code was recorded ... additional statements under Section 313 of the Code
of Jugraj Singh, Sumandeep Kaur, Manjit Singh, Harwinder Singh
and Satwant Singh, were recorded on 10.10.2007.
Manjit
also
pointed out that the appellants had, in their statements
recorded under Section 313 of the Cr.P.C., unanimously
stated that the orders ... been resorted to, except for the self-serving
statements made by the appellants under Section 313. It has,
accordingly, been pointed out that this
accused in that statement. In the statement of the accused under Section 313 of the Code, the main case of the prosecution ... accused from such statement has a very limited scope. To support the stand taken in the statement under Section 313, the accused may lead evidence
trial. While cross-examining prosecution witnesses and also giving
statement under Section 313 of the Code of Criminal Procedure
(briefly „ CrPC ‟) the accused neither ... confessional statement. The
voluntary nature of the confessional statement can also be inferred
from the statement given by the accused under Section 313 CrPC
trial Court, on one hand accepted the statements made by the accused in his statement under Section 313 of the Code for establishing his presence ... statements made by these witnesses, the learned Sessions Judge has relied upon the statements made by the
accused under Section 313 of the Code
proof of such a fact it was a condition that statements
given in an earlier proceeding can be taken as proved in a
subsequent proceeding ... open his mouth till the
occasion to record his statement under section 342 (present
S. 313) of the Code arose. Even then
demand
notice, postal register, statement of accounts of the complainant and
cheque returned register.
9. In his statement under Section 313 of the Code ... also the plea of the accused in the reply notice, his 313
statement or at the trial as to the circumstances under which the
promissory
admission of the guilt by the Appellant in the
statement under Section 313 of the said Code. His submission
is that on plain reading ... evidence on record before the
conviction is based on the statement under Section 313 of the
said Code. He submitted that going by the prosecution
petitioners is placed on record in the form of recording of 313 statements, it is not open for the criminal Court to allow the prosecution ... exercised has necessarily to be prior to the recording of 313 statement. Secondly, the prosecution had not disclosed any cause for non-examination
