MADURAI: Faulting trial courts for failing to comply with mandatory procedures while granting adjournments, the Madurai Bench of the Madras High Court on Friday directed lower courts to conduct trials on a day-to-day basis and not grant adjournments without recording reasons.
A division bench of Justices R Subramanian and N Sathish Kumar issued the directions while acquitting a man sentenced to life imprisonment two years ago on the charge of murdering his wife by setting her ablaze in 2017.The judges doubted the dying declaration given by the deceased implicating her husband, Kumar, as it was contrary to her initial statement to a medical officer which said that she committed self-immolation.
The bench said the accused sustained burn injuries while trying to save his wife, a fact which was suppressed by the prosecution, and held that Kumar deserves the benefit of doubt and set aside the conviction and punishment imposed on him by the Theni Mahila Court.
Expressing displeasure over the manner of the trial, the judges said the witnesses examined on June 28, 2018 were cross-examined a year later in August 2019. And the judgment was also pronounced late, in February 2020, the high court said.
As per Section 309 of CrPC (power to postpone or adjourn proceedings), the trial should be done on a day-to-day basis until all witnesses in attendance have been examined, unless the court finds an adjournment necessary and records reasons for that.
The judges also cited explanation 2 of the section that makes it clear that an adjournment can be granted in appropriate cases on payment of cost by either the prosecution or the accused.