DEHRADUN: Citing “serious lapses in the manner in which the trial court examined an accused under section 313 of CrPC”, Uttarakhand high court (HC) has set aside the life sentence of a man from Uttarkashi in a 2013 case involving his wife’s murder. Deciding the criminal appeal, the court observed the accused was not questioned in accordance with the law.Setting aside the conviction under IPC section 302 on Wednesday, the HC remanded the case back to the trial court and directed it to expedite proceedings and decide the matter within three months.The HC observed, “In one question, appellant was asked whether he heard statements of all 15 prosecution witnesses and what he had to say. This is the most defective examination under section 313 of CrPC.” It added, “Prosecution evidence can’t be read against an accused unless he is given a proper chance to explain incriminating circumstances.”The court further stated, “We’re of the considered opinion that non-compliance with the provisions of section 313 of CrPC may cause prejudice to the accused. Therefore, the matter should be remanded for retrial from the stage of recording the statement of the appellant from the point where the irregularity occurred, that is, from the stage of questioning the appellant. The trial judge is directed to examine the appellant afresh and dispose of the matter.“Section 313 of CrPC grants courts the power to question an accused personally, without oath, to explain incriminating evidence against them, ensuring a fair trial by allowing the accused to present their side. However, answers are not compelled and can be used later, forming a crucial link for fairness and establishing truth.As per the case details, Sunita Devi remarried Sunil Singh Panwar in June 2013 after her first husband died in 2005. She had a son from her first husband and according to the prosecution, Panwar used to force her to abandon her son, who was (then) seven years old.The prosecution said that on the evening of Nov 30, 2013, Sunil Singh Panwar killed his wife by “strangulation”. However, after the prosecution evidence, Panwar claimed that his wife committed suicide and that he was innocent.His counsel argued in HC that he was not provided with all the incriminating circumstances under section 313 of the CrPC so as to give an opportunity to explain the matter against him during the trial.
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