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Life Sentence Overturned: Trial Lapses Cited
10 Jan
Summary
- Court overturned a life sentence due to improper questioning of the accused.
- The trial court failed to properly allow the accused to explain evidence.
- The case has been sent back for retrial within three months.
The Uttarakhand High Court has set aside a life sentence for a man accused of his wife's murder in Uttarkashi. This decision was made due to significant procedural errors during the trial, specifically concerning the examination of the accused under Section 313 of the Criminal Procedure Code (CrPC). The court found the questioning to be defective, denying the accused a fair opportunity to explain evidence against him.
The High Court observed that the trial court's examination of the appellant was irregular, failing to comply with legal provisions. It emphasized that prosecution evidence cannot be used against an accused without granting them a proper chance to respond to incriminating circumstances. Therefore, the court ordered the case to be remanded for a retrial from the stage where the irregularity occurred.
The case involves the 2013 murder of Sunita Devi, allegedly by her second husband, Sunil Singh Panwar. The prosecution claimed Panwar strangled his wife due to disputes over her son. Panwar's defense argued he was not adequately questioned about the evidence. The High Court directed the trial judge to re-examine the appellant and expedite the disposal of the matter within three months.
