Criminal Procedure — S. 313 CrPC — Scope and Object — The examination of the accused under S. 313 CrPC is a mandatory obligation and not a mere formality, rooted in the cardinal principle of natural justice (audi alterum partem). The Court is obligated to put each material circumstance appearing in the evidence to the accused specifically, distinctively and separately to enable him to explain his conduct. The ultimate test is whether the accused got the opportunity to say his piece. (Paras 6, 7.1, 7.2)

A. Criminal Procedure — S. 313 CrPC — Scope and Object — The examination of the accused under S. 313 CrPC is a mandatory obligation and not a mere formality, rooted in the cardinal principle of natural justice (audi alterum partem). The Court is obligated to put each material circumstance appearing in the evidence to the accused specifically, distinctively and separately to enable him to explain his conduct. The ultimate test is whether the accused got the opportunity to say his piece. (Paras 6, 7.1, 7.2)

B. Criminal Procedure — S. 313 CrPC — Non-Compliance — Vitiation of Trial — Appellants (convicted for murder) challenged concurrent conviction on the ground of non-compliance with S. 313 CrPC — Examination revealed that the statements of all three appellants were "carbon copies of each other," with only two questions directly related to the sequence of events which were "as general as can be," leading to an omnibus denial.

Held: Such statements constitute an "abject failure" by the Trial Court to comply with the basic tenets of law, as this does not amount to the putting of every material circumstance to the accused. Failure to put material circumstances is a serious irregularity that prejudices the accused and vitiates the trial. (Paras 7.3, 9)

C. Final Order — The appeals are allowed on this ground alone — The matter is remanded to the concerned Trial Court to recommence the trial from the stage of recording the supplementary S. 313 CrPC statements for the three appellants within four months. The remand does not affect the findings qua other co-accused. (Para 10)