Premature Section 313 examination vitiated the trial, leading to setting aside of conviction and retrial.

Recording the accused's statement under Section 313 CrPC before completion of the complainant's evidence was a material procedural irregularity because such examination must follow the prosecution evidence, including cross-examination. The premature recording affected the fairness of the trial and the earlier conviction could not be sustained. The conviction and appellate judgment were therefore set aside, and the matter was remitted for retrial from the stage of cross-examination of the complainant.

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Issues: Whether recording the accused's statement under Section 313 of the Code of Criminal Procedure, 1973 before completion of the complainant's evidence vitiated the proceedings and required the conviction to be set aside with a direction for retrial.

Analysis: The proceedings showed that the accused's plea and statement under Section 313 were recorded on the same day, while the complainant's evidence had not been completed and cross-examination had not taken place. This sequence was a material procedural irregularity because the accused's examination under Section 313 must follow completion of the prosecution evidence. The irregularity went to the fairness of the trial and the earlier judgments could not be sustained.

Conclusion: The conviction and appellate judgment were set aside and the matter was remitted for retrial from the stage of cross-examination of the complainant.

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