Code of Criminal Procedure, 1973–Secs. 273, 317–Penal Code, 1860–Secs. 302–Criminal death reference–Record of case revealing that the evidence of witnesses was recorded in absence of appellant–Mandatory provisions of Sec. 273 enjoins that the prosecution evidence shall be recorded in presence of accused–In the instant case, no circumstance u/s. 317 was existed nor any satisfaction was recorded by trial Court upto effect that the presence of accused was not necessary–Entire trial is vitiated–Matter deserves to remanded back to trial Court for holding de-novo trial.
