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Non complience of sec-313 cr.pc and its effect

(Querist) 01 December 2008 This query is : Resolved 
Dear Friends,
One of my hearing related to sec-304B has recently opend.In which we are from the side of the accused,while going thru the L.C.R i came thru a very strange ommission of the law point at trial i.e,sec-313 cr.pc Power to examine the accused whch was not done by the presiding officer of the case though there was question in the deposition paper but same was not answer either in affermative or negative it was left blank. And my client has been imprisoned to life along with ors by trial crt.I take this point today in the court which was appriciated but state told that it cant vitiate the whole trial and i want some citation with brief fact and some case law in my favour to prove my self. please help me and enlighten on the above mentioned fact.Please support me if anyone can?
Apurva kr
Lawyer P.H.C
Murali Krishna (Expert) 02 December 2008
Refer to : (2008)8 SCC 395; Lattu Mahato Vs State of Bihar. I hope that this judgement helps you.

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