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Issues involved:
The issues involved in the judgment include the rejection of an application for re-examination of the accused under sec. 313 of the Criminal Procedure Code, filing of correction slip seeking corrections in the evidence of a witness, transfer of the case to another Bench of the City Sessions Court, and the High Court's interference with the trial court's discretion. Re-examination of Accused under sec. 313 Cr.P.C.: The trial court rejected the prosecution's application for re-examination of the accused under sec. 313 Cr.P.C., stating that the questions proposed by the prosecution were unnecessary as they had already been addressed during the examination. The High Court, however, directed the trial court to hold re-examination of the witness and expunge the examination under sec. 313 Cr.P.C. of all accused persons, emphasizing the need for proper application and examination. Correction Slip and Evidence Corrections: The State sought corrections in the evidence of a witness through a correction slip, but the trial court rectified only typographical errors and refused to make substantive changes without a proper application. The High Court criticized the trial judge for not following proper procedure and interfering with the corrections, leading to a dispute over the handling of the correction slip and the substantive part of the witness's evidence. Transfer of Case and Trial Judge's Conduct: An application was made for transferring the case to another Bench of the City Sessions Court due to alleged bias by the trial judge. The High Court found fault with the trial judge's handling of corrections and directed the case to be transferred, emphasizing the need for fair trial proceedings and proper judicial conduct. Conclusion: The Supreme Court allowed the appeal, reversing the High Court's order and emphasizing that the trial judge acted within his jurisdiction in correcting typographical errors and refusing substantive changes based on an unsigned correction slip. The Court also highlighted the unnecessary interference by the High Court in directing re-examination of the witness and expunging the examination of all accused under sec. 313 Cr.P.C. The case was to proceed expeditiously before the newly appointed judge, ensuring fair trial proceedings.
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