“Rival contentions of both the sides have been heard and the file has been perused very carefully. Perusal of the Zimni orders reveals that statement of the accused were recorded on 23.11.2006, as is clear from the Zimni orders of the even date and thereafter, the case was fixed for defence and arguments for 4 dates i.e. for 4.12.2006, 18.12.2006, 9.1.2007 to 25.1.2007. There is one order in between for defence evidence and arguments from 9.1.2007. On 25.1.2007 an application for amendment of the charge was moved, which was declined and the case was again adjourned for defence evidence for 7.3.2007. On 28.2.2007 itself an application under Section 311 of the Cr.P.C. was moved. Reply to the same was filed on 7.3.2007 and the application was allowed on 7.3.2007 itself when Dr.Mamohan KumarRadiologist was summoned for 28.3.2007, who was examined on 23.4.2007 and the learned Addl. P.P. closed the evidence of the State. The matter was adjourned to 10.5.2007 for statement of the accused under Section 313 of the Cr.P.C., which was not recorded on 10.5.2007 and again on 12.6.2007 another application for amendment of the charge was moved, which was ultimately decided on 12.9.2007 and was allowed. After amendment of the charge, Dr. H.G. (Hem Raj Goyal) of Civil Hospital, Bathinda with X-ray report was summoned. Thereafter, the evidence of the prosecution was closed by order and the case was adjourned to 11.12.2007 for defence evidence as it was observed by the learned trial Magistrate that the statement of accused under Section 313 of the Cr.P.C. has already been recorded, whereas after the recording of the statement of Dr.Manmohan Kumar-Radiologist, the statement of the accused under Section 313 Cr.P.C. was required to be recorded and it was not recorded. Accordingly, the required incriminating evidence was not put to the accused persons and the judgment has been pronounced. Illegality has been caused. Accordingly, the judgment stands vitiated and is liable to be set aside. Accordingly, I order.
