Laxman vs State Of M.P.
2021 Latest Caselaw 1240 MP

HIGH COURT OF M.P. BENCH AT INDORE CRA.No.1043 of 2008 (Laxman vs. State of M.P.) Indore dt. 07.4.2021 Shri Vivek Singh, learned counsel for the appellant. Mrs. A. Kher, Dy. A.G. for Non-applicant/State. Final submissions were made at length in the present appeal in respect of the appellant (Laxman) who has been convicted under Section 302 of IPC and sentenced him to undergo Life Imprisonment with fine of Rs.500/- with default stipulation by the IInd ASJ Kukshi, District Dhar vide judgment dated 9.4.2008 passed in S.T.No.174 of 2007.

During the course of the submissions, it came to light that FSL report though placed on record and being an important piece of evidence, has not been exhibited and the appellant has not been questioned under Section 313 of Cr.P.C pertaining to the contents therein. We are constraint to express our displeasure against the Presiding Officer who made no inquiries about the availability of FSL report. The Presiding Officers are required to be alert and take appropriate steps for the ends of justice, which has been found missing in this case. Hence, for the ends of justice, we deem it appropriate to exercise the powers conferred under Section 391 of Cr.P.C and direct 2nd ASJ, Kukshi, Distt. Dhar, to record evidence in respect of FSL report and further record accused statements under Section 313 of Cr.P.C.

Consequently, the original record is remanded back to the 2 nd ASJ, Kukshi for due compliance of the aforesaid directions. The concerned Court, after compliance within a period of one month from the date of receipt of the original record shall return the original record along with the additional evidence and accused statements.

Appellant be produced before 2nd ASJ Kukshi on 26.4.2021. Matter be listed for additional final arguments, if any on

12.5.2021.

Copy of this order be dispatched to the concerned Court along with the original record of the case.

Another copy of this order be dispatched to the District Sessions Judge, Dhar, for information and ensuring compliance.

             (SUJOY PAUL)                      (SHAILENDRA SHUKLA)
                JUDGE                                 JUDGE

SS/-


             Digitally signed by
             SHAILESH MAHADEV
             SUKHDEVE
             Date: 2021.04.08 19:15:38
             +05'30'