Case Note & Summary
The case involved three appellants accused of attempting to kill the Chief Justice of India in 1975. The incident occurred when two hand grenades were thrown into the car carrying the Chief Justice, leading to a CBI investigation and subsequent arrests of the appellants. They were charged under various sections of the Indian Penal Code and the Explosive Substances Act. The trial court convicted them based on the evidence of an Approver, Vikram, who later retracted his statements, claiming coercion. The appellants filed appeals against their convictions, and during the proceedings, they sought to summon Vikram for further cross-examination based on his retraction. The High Court denied this request, citing delay in filing the applications. The Supreme Court found that the High Court's refusal was erroneous, emphasizing the importance of allowing the appellants to confront the Approver's contradictory statements. The court directed the High Court to summon Vikram for further examination, ensuring the appeals would be resolved expeditiously. The judgment highlighted the need for timely justice, given the lengthy duration of the case.
Headnote
A) Criminal Law - Approver's Evidence - Right to Cross-Examine - Code of Criminal Procedure, 1973, Section 391 - The court held that the High Court erred in denying the appellants' request to summon the Approver for further examination, emphasizing the necessity of ensuring justice and truth in light of conflicting statements made by the Approver. The court directed the High Court to allow the summoning of the Approver for further examination (Paras 33-33).
Issue of Consideration
Whether the appellants were entitled to summon the Approver for further cross-examination based on his retraction statement.
Final Decision
The Supreme Court allowed the appeals, set aside the High Court's order denying the summoning of the Approver, and directed the High Court to permit further examination of Vikram, ensuring the process would be completed expeditiously.
Law Points
- Criminal Procedure Code
- Evidence Act
- Indian Penal Code
- Explosive Substances Act
- confessional statements
- Approver's evidence
- cross-examination rights
