Session trial

Re-trial, scope of-Contention that re-trial by a Sessions Judge in a case from stage of examination of accused under S. 342, Cr. P. C. should have been either by same Sessions Judge or in case it was to be heard by another Sessions Judge, there should have been a trial de novo, and any deviation from these principles would vitiate entire trial-Held : Not correct and although there exists no provision in Criminal Procedure Code to govern such situation yet there is no bar in banding over a case to another Sessions Judge, for decision on evidence already recorded by another Sessions Judge from a certain stage-A Sessions Judge already having expressed his opinion, retrial by another Sessions Judge, held further, would ensure that justice is not only done to accused but seen to be done and no prejudice caused to him.-[Re-trial].