- (1.) Challenge is to the judgment dated 21.9.2011 passed by the learned Additional Sessions Judge, Barnala by which the case has been remanded back to the trial Court with a direction to record the statement of the accused under Section 313 of Cr. P.C. by putting incriminating circumstances appearing against him in the prosecution evidence.
(2.) The background of the case is that in FIR No.94 dated 17.10.2005 under Sections 304-A, 279 and 337 IPC, challan was presented on 1.8.2009. Thereafter, the accused was convicted by the court of Judicial Magistrate Ist Class on 10.12.2010 to undergo RI for a period of one year and to pay a fine of Rs.1,000/- for the offence under Section 304-A of IPC; to undergo RI for a period of 6 months and to pay a fine of Rs.500/- for the offence under Section 279 of IPC and to undergo RI for a period of 6 months and to pay a fine of Rs.500/- for the offence under Section 337 of IPC.
(3.) On appeal before the Additional Sessions Judge, Barnala, the case was remanded back to the concerned court to record the statement of the accused/petitioner as per Section 313 of Cr. P.C. by putting him all the incriminating circumstances against him vide order dated 27.1.2011. The petitioner was again convicted by the trial Court on 19.7.2011 and was sentenced to undergo RI for a period of 6 months and to pay a fine of Rs.1000/- and for the offence under Section 337 of IPC to undergo 6 months and to pay a fine of Rs.500/-. On appeal before the Additional Sessions Judge, the conviction was set aside and the matter was again remanded back to the concerned Court.;