(Uday Umesh Lalit and Indu Malhotra, JJ.)
Atma Ram and Others ____________________________ Petitioner(s);
v.
State of Rajasthan _______________________________ Respondent.
Petition(s) for Special Leave to Appeal (Crl.) No(s).809-810/2019, decided on March 7, 2019
(IA No. 13094/2019-Exemption From Filing O.T.)
[Mr. Ranjit Kumar, Sr. Adv.(A.C.)])
The Order of the court was delivered by
Order
1. The evidence of twelve witnesses was recorded in the present matter without the accused being present in Court. The trial court after considering the entirety of the matter imposed death sentence on four accused namely, Atma Ram, Omprakash, Leeladhar and Shrawan Kumar. The matter reached the High Court for confirmation of sentence and at that stage a plea was raised on behalf of the accused that the evidence of said twelve witnesses having been recorded in the absence of the accused, the principle in Section 273 Cr.P.C. was violated.
2. The High Court by its order dated 13-12-20181 set aside the judgment rendered by the trial court and directed that the trial be conducted de novo in which those 12 persons could be re-examined in the presence of the accused.
3. The aforesaid order is presently under appeal. While issuing notice, this Court had not stayed the operation of the order with the result the trial has proceeded. Considering the nature of questions which arose in the matter, this Court appointed Mr. Ranjit Kumar, learned Senior Advocate as Amicus Curiae to assist the court.
4. Mr. Sanjay Hegde, learned Sr. Advocate on instructions, submits that after conclusion of the trial, the matter is now posted for pronouncement of judgment tomorrow.
5. Since we are seized of the matter, in the fitness of things, let there not be any pronouncement of the judgment. We therefore, direct the trial court not to pronounce the judgment and await further orders by this Court.
6. A copy of this order be communicated to the trial court immediately.
7. List the matter on 13.03.2019 as first item.
———
1 State v. Aatma Ram, Criminal Death Reference No. 2 of 2017 with Criminal Appeal No. 33 of 2018, decided on 13-12-2018 (Raj)
