Case Note & Summary
The Supreme Court allowed the appeal of Naresh Kumar, a life convict, challenging his conviction under Section 302 IPC read with Section 34 IPC for the murder of Arun Kumar. The prosecution alleged that on 14 June 1995, an altercation over water droplets led to the appellant exhorting his brother Mahinder to kill the deceased, and the appellant caught hold of the deceased while Mahinder stabbed him. The trial court convicted both, and the High Court confirmed the conviction. The core issue was whether the failure to put incriminating circumstances to the appellant during his examination under Section 313 Cr.PC vitiated the trial. The appellant argued that two key circumstances—exhortation and catching hold of the deceased—were not put to him, causing material prejudice. The Supreme Court held that Section 313 Cr.PC is mandatory and its non-compliance, if prejudicial, vitiates the trial. Since the omitted circumstances were the very basis for convicting the appellant with the aid of Section 34 IPC, the Court found that the trial was vitiated. The Court set aside the conviction and sentence, acquitting the appellant.
Headnote
A) Criminal Procedure - Examination of Accused - Section 313 Cr.PC - Mandatory Compliance - The failure to put incriminating circumstances appearing in prosecution evidence to the accused during examination under Section 313 Cr.PC, especially the exhortation and catching hold of the deceased, which formed the basis for conviction with the aid of Section 34 IPC, resulted in material prejudice and vitiated the trial. Held that such non-compliance cannot be cured unless no prejudice is caused. (Paras 1, 8-10, 12-13) B) Criminal Procedure - Examination of Accused - Section 313 Cr.PC - Prejudice - The appellant raised the contention of non-compliance for the first time before the Supreme Court, but the Court entertained it as the omission was fatal and caused miscarriage of justice. Held that the trial court's failure to question on key incriminating circumstances rendered the conviction unsustainable. (Paras 6-10, 12-13)
Issue of Consideration
Whether the failure to put incriminating circumstances to the appellant during examination under Section 313 Cr.PC vitiates the trial and conviction?
Final Decision
Appeal allowed. Conviction and sentence of appellant under Section 302 IPC read with Section 34 IPC set aside. Appellant acquitted.
Law Points
- Section 313 Cr.PC mandatory
- non-compliance vitiates trial if prejudice caused
- incriminating circumstances must be put to accused
- failure to question on exhortation and catching hold of deceased
