Md. Muslim v. Kaimuddin

first and foremost ground taken on behalf of the appellants is with regard to manner of recording of statement under Section 313 Cr.P.C by the learned trial court and referring the same, it has been submitted that the learned trial court had not identified the incriminating materials against respective appellants individually as well as independently rather formed the questionnaire in consolidated form which the learned trial court confronted the same to the individual 6 appellants. By such process the appellants have felt aggrieved and they have found their interest at stake because of the fact that the judgment impugned contains those incriminating materials which independent appellants have not been confronted during course of statement recorded under Section 313 Cr.P.C. On account thereof, those incriminating materials which have not been placed before respective appellants is found to be forbidden for future use in terms of Subsection- 1 of Section 313 of the Cr.P.C. To put stress over the point learned counsel for the appellants has referred J.T. 2002 (6) SC 28, (2009) 7 SCR 653, AIR 2009 SC 2955, (2011) SCC 1, (1988) 4