Our mind got clouded with suspicion. We noticed few very serious lapses. High Court completely forgot, there was juvenile-Pritam Tiwari. As per witnesses, it was Pritam Tiwari who had come. Also, Chotkau v. State of Uttar Pradesh, (2023) 6 SCC 742.
If Courts are to impart justice in a free, fair and effective manner, then Presiding Judge cannot afford to remain a mute spectator totally oblivious to various happenings. A fair trial is possible only when Court takes active interest and elicits all relevant information and material necessary.
Death Reference stands restored for reconsideration.
– Hon’ble Justice J.B. Pardiwala, Munna Pandey v. State of Bihar, [Criminal Appeal Nos. 1271-1272 of 2018].
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Also see, Rajesh v. State of Madhya Pradesh, [Criminal Appeal No. 793-794 of 2022] decided on 21.09.2023.