STATE OF KARNATAKA versus ANNEGOWDA

STATE OF KARNATAKA versus ANNEGOWDA

There is no provision in the Code of Criminal Procedure to postpone the examination of accused under section 313 Cr.P.C. until completion of the trial in other cases. Recording statement under section 313 does not necessarily divulge defence only at that stage, and there is no basis for apprehension of prejudice to other cases.

Parties
Appellant: State of Karnataka; Respondent: Annegowda
Jurisdiction
India
Judgment Date
13 July 2006
Procedural Posture
Criminal Appeal / Appeal From High Court Order
Outcome
Appeal allowed
Legal Topics
Postponement of Recording Accused's Statement Under Section 313 Cr.p.c., Simultaneous Trial of Multiple Cases, Section 242 Cr.p.c. Procedure
Criminal Law Postponement of Recording Accused's Statement Under Section 313 Cr.p.c. Simultaneous Trial of Multiple Cases Section 242 Cr.p.c. Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

State of Karnataka

Appellant

Annegowda

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Whether recording of statement of accused under section 313 Cr.P.C. can be deferred till the trial in other cases involving similar transactions is completed.

Ratio Decidendi

There is no provision in the Code of Criminal Procedure to postpone the examination of accused under section 313 Cr.P.C. until completion of the trial in other cases. Recording statement under section 313 does not necessarily divulge defence only at that stage, and there is no basis for apprehension of prejudice to other cases.

Court Disposition

Appeal allowed

Orders

  • High Court judgment set aside
  • Judgments and orders of courts below restored