Suppose you are a Public Prosecutor in a Sessions Court. A murder case has been entrusted to you. What steps will you take during the course of the trial till its conclusion? What steps shall the court take? State in detail.]

Question: Suppose you are a Public Prosecutor in a Sessions Court. A murder case has been entrusted to you. What steps will you take during the course of the trial till its conclusion? What steps shall the court take? State in detail. [HJS 1996]

Find the answer only on Legal Bites. [Suppose you are a Public Prosecutor in a Sessions Court. A murder case has been entrusted to you. What steps will you take during the course of the trial till its conclusion? What steps shall the court take? State in detail.]

Answer

Chapter XVIII of the Code of Criminal Procedure consists of Sections 225 to 237 which deal with procedure in trial by a court of Session.

According to Section 225 in every trial before the court of Session, the prosecution shall be conducted by Public Prosecutor. Section 226 lays down that when the accused appears or is brought before the court in pursuance of a commitment of the case under Section 209, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of accused.

Section 227 of the Code then provides if upon consideration of the record of the case and documents submitted therewith and after hearing the submissions of the accused and the prosecution on this behalf, the Judge considers that there is no sufficient ground for proceeding against the accused, he shall discharge the accused and record his reason for so doing.

According to Section 228, if the Judge after such consideration and hearing is of opinion that there is ground for presuming that the accused has committed an offence that

(a) is not exclusively triable by the Court of Session, He may frame a charge against the accused and by order transfer, the case for trial to Chief Judicial Magistrate and thereupon the Chief Judicial Magistrate shall try the offence in accordance with the procedure for trial of warrant case instituted on Police Report.

(b) is exclusively triable by the court; he shall frame in writing a charge against the accused and then the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.

In the State of Delhi v. Gyan Devi AIR 2001 SC 40, Supreme Court observed that the Legal Position is well settled that at the stage of framing of charge trial Court is not to examine and assess in detail, the materials, placed on record by the prosecution, nor is it for the court to consider the sufficiency of materials to establish the offence alleged against the accused.

At the stage of charge, the court is to examine the materials only with a view to being satisfied that a prima facie case of commission of offence alleged, against the accused has been made out.

Then Section 229 lays down that if the accused pleads guilty, the Judge shall record the plea and may in his discretion convict him thereon.

Then Section 230 says that if the accused refuses to plead or does not plead guilty or claims to be tried or is not convicted under Section 229, the Judge shall fix a date for the examination of witnesses and an application of the prosecution, may issue any process for compelling the attendance of any witness or the production of any document or thing.

Then Section 231 of the Code provides that on the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution. The Judge may at his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.

In Bava Hajeer v. State of Kerala 1974, Criminal Law Journal 755 (SC) Supreme Court held

It is undoubtedly the duty of the prosecution to lay before the court all material evidence available to it, which is necessary for unfolding its case but it would be unsound to lay down as general Rule that every witness must be examined even though his evidence may not be very material or even if it is known that he has been won over or terrorised.

According to Section 232, if after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point the Judge considers that there is no evidence that the accused committed the offence the Judge shall record an order of acquittal.

Section 233 lays down further procedures in which the accused is not acquitted under Section 232. It says that in such case the accused shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.

If the accused puts in any written statement, the Judge shall file it with the record. If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.

It is the duty of the court to call upon the accused to enter his defence and produce evidence for that. Any denial of this right to lead evidence in support of the defence would vitiate the whole trial.

Section 234 further provides that when the examination of the witness, if any, for the defence is complete, the prosecutor shall sum up his case and the accused or his pleader shall be entitled to reply, provided that where any point of law is raised by the accused or his pleader the prosecution may, with the permission of the Judge make his submission with regard to such point of law. Then comes the stage of judgement.

According to Section 235, after hearing arguments and points of law, if any, the Judge shall give a judgment in the case. If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of Section 360, hear the accused on the question of sentence and then pass the sentence on him according to law.

Then Section 236 of the Code provides that in the case where a previous conviction is charged and the accused does not admit that he has been previously convicted, as alleged in the charge, the Judge may after he has convicted the accused, take evidence in respect of the alleged previous conviction and shall record a finding thereon.

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