TARA CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The Appellant Tara Chand, hereinafter referred to as the accused, upon having been tried for the offence u/s 306, Indian Penal Code, stands convicted for such offence by the learned Sessions Judge, Solan vide judgment dated 27.11.1998 and sentenced to rigorous imprisonment for four years and to pay a fine of Rs. 5,000/-. In default of payment of fine, he has been sentenced to undergo imprisonment for a further period of six months.

(2.) The prosecution story need not be stated in the present case since the appeal is being disposed of simply on a legal question. Suffice to say that upon the accused having been committed to the court of Sessions for trial for the offence u/s 306, Indian Penal Code, by the learned Chief Judicial Magistrate, Solan, the learned Sessions Judge, Solan on 25.3.1996 assigned the case for disposal in accordance with law to the Additional Sessions Judge, Solan. The learned Additional Sessions Judge to whom the case was assigned on 17.7.1996 on, finding a prima facie case against the accused framed a charge for the offence u/s 306, Indian Penal Code, to which the accused pleaded not guilty and claimed trial. Having recorded the plea of the accused, the learned Additional Sessions Judge proceeded with the trial of the accused. The evidence of the prosecution was closed on 11.3.1997. The statement of the accused u/s 313, Code of Criminal Procedure, was recorded on 29.3.1997. Thereafter the defence evidence was recorded. Such defence evidence was concluded on 5.9.1997 and the case was thereafter posted for arguments. The arguments in the case were heard by the learned Additional Sessions Judge, Solan on 20.3.1998 and judgment reserved. The judgment could not be pronounced since, as per the record, in the meanwhile, the learned Additional Sessions Judge had proceeded on leave. The case was posted before the learned Additional Sessions Judge on 23.4.1998 when he directed the re-hearing of the case on 29.4.1998 when it was again adjourned to 18.6.1998. In the meanwhile, the officer who was then working as Additional Sessions Judge, Solan was transferred. No successor was appointed. On 3.11.1998, the case was taken up by the learned Sessions Judge, Solan who directed that the case be posted for arguments on 24.11.1998. Arguments were heard in the case by the learned sessions Judge on 24.11.1998 and vide judgment dated 27.11.1998 recorded by the learned Sessions Judge, the accused came to be convicted and sentenced as aforesaid.

(3.) Feeling aggrieved by the conviction and sentence recorded against him. the accused has come up before this Court by way of the present appeal assailing such conviction and sentence.