Case Note & Summary
The appellant, owner of Goodwill Enterprises, had lodged an FIR (Crime No.351/1993) alleging robbery of business proceeds from his cashier Ram Kishore and another employee. During investigation, the appellant called Ram Kishore to the police station on 17.07.1993 for inquiry. Ram Kishore was allegedly illegally detained and tortured by police officers Inspector R.D. Pathak and Sub-Inspector Jawahar Lal from 17.07.1993 to 23.07.1993, and died in hospital on 24.07.1993. A complaint by the appellant led to registration of Crime No.371/1993 for custodial death. The CBCID filed a chargesheet on 21.02.2000 against the two police officers and the appellant under Sections 302, 343, 217, 218, 330, 120B and 34 IPC. The appellant filed a discharge application under Section 227 CrPC, which was rejected by the Additional Sessions Judge on 19.04.2007. The High Court dismissed his petition under Section 482 CrPC on 21.04.2023. The Supreme Court allowed the appeal, holding that at the stage of Section 227 CrPC, only prosecution materials can be considered. The chargesheet and witness statements did not contain any incriminating material against the appellant. The trial court had relied on two suspicious circumstances: that the appellant took Ram Kishore to the police station and that he filed a complaint after death. However, these were not supported by prosecution evidence. The Court held that there was no prima facie case for conspiracy or common intention, and the appellant was entitled to discharge. The impugned orders were set aside, and the appellant was discharged from the case.
Headnote
A) Criminal Procedure - Discharge under Section 227 CrPC - Scope of Consideration - The expression 'record of the case and documents submitted therewith' in Section 227 CrPC refers only to materials produced by the prosecution and not by the accused. The court must confine its consideration to the police report, documents under Section 207 CrPC, and other prosecution materials. (Paras 3-4) B) Criminal Procedure - Framing of Charge - Prima Facie Case - At the stage of Section 227 CrPC, the court is not to weigh evidence but to see if there is sufficient ground for proceeding against the accused. If the prosecution materials do not disclose any incriminating evidence, the accused is entitled to be discharged. (Paras 3-5) C) Indian Penal Code, 1860 - Sections 120B and 34 - Criminal Conspiracy and Common Intention - Mere suspicion or circumstances not supported by prosecution evidence cannot be the basis to frame charges for conspiracy or common intention. The prosecution must produce some material to show meeting of minds or shared intention. (Paras 9-11) D) Indian Penal Code, 1860 - Sections 302, 343, 217, 218, 330 - Custodial Death - The appellant, being the informant and complainant in the robbery case, cannot be held liable for custodial death merely because he took the deceased to the police station or filed a complaint after death. There must be direct or circumstantial evidence linking him to the alleged torture or murder. (Paras 6-11)
Issue of Consideration
Whether the High Court was justified in dismissing the appellant's application under Section 482 CrPC against the rejection of his discharge application under Section 227 CrPC, when the prosecution materials did not disclose any prima facie case against the appellant for offences under Sections 302, 343, 217, 218, 330, 120B and 34 IPC.
Final Decision
Appeal allowed. Impugned orders dated 19.04.2007 and 21.04.2023 are set aside. The appellant is discharged from Crime No.371/1993.
Law Points
- Section 227 CrPC
- discharge
- record of case and documents submitted therewith
- only prosecution materials
- Debendra Nath Padhi
- custodial death
- criminal conspiracy
- common intention
- Section 120B IPC
- Section 34 IPC
