Case Note & Summary
The Supreme Court heard appeals by three appellants convicted for murder under Section 302/34 IPC, along with other charges, and sentenced to life imprisonment by the Trial Court and affirmed by the High Court -- The primary contention was non-compliance with Section 313 CrPC, where the accused were not properly examined on incriminating evidence -- The Court held that this violation of fair trial principles, as established in precedents, warranted acquittal -- The Court allowed the appeals, set aside the convictions and sentences, and acquitted all appellants
Headnote
Criminal Law- Code of criminal Procedure, 1973-- Sections 313 and 374(2)-- Conviction u/s 302, 34, 448 and 323 of IPC- Assault-- Murder-- Appeal before high court against conviction-- Dismissal of appeal by high court-- Challenged before supreme court-- Primary contention raised by appellants side that non compliance of Section 313 of CRPC-- Requirement of fair trial-- Scope and object of Section 313 of CRPC discussed-- Cases referred--Further statment of all three appellants u/s 313 of CRPC referred-- Non compliance with basic tenets of law-- Further statement u/s 313 is not a mere formality-- Statements given by all three accused were carbon copies of each other--Question of general allegations raised -- Failure of prosecutor to perform the duty of assisting the court in conducting the examination of accused-- Observations-- Matter remanded back to trial court to recommence the trial from the stage of recording of further statement u/s 313 of code afresh- Appeals allowed
Para-- 5, 6, 7, 9, 10
Issue of Consideration
The Issue of non-compliance with Section 313 of the Code of Criminal Procedure, 1973 (CrPC) and its impact on the fairness of the trial
Final Decision
The Supreme Court allowed the appeals, set aside the convictions and sentences under Section 302/34 IPC and other charges, and acquitted all appellants
Law Points
- Section 313 of the Code of Criminal Procedure
- 1973 (CrPC) mandates examination of accused to provide opportunity to explain incriminating evidence
- Non-compliance with Section 313 CrPC violates principles of natural justice and fair trial
- Statements under Section 313 CrPC are not substantive evidence but aid in assessing prosecution case
- Prejudice to accused from inadequate questioning under Section 313 CrPC warrants acquittal
- Audi alteram partem principle underpins Section 313 CrPC procedures
Case Details
2025 LawText (SC) (12) 23
Criminal Appeal No(s). 5137-5138 of 2025 (Arising out of SLP (Crl.) No(s). 3685-3686 of 2025)
SANJAY KAROL J. , NONGMEIKAPAM KOTISWAR SINGH J.
Ms. Anjana Prakash, learned Senior Counsel for the appellants, learned Counsel appearing for the State
Chandan Pasi, Pappu Pasi, Gidik Pasi
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Nature of Litigation
Criminal appeals against convictions for murder and other offenses under the Indian Penal Code, 1860
Remedy Sought
The appellants sought acquittal by challenging the convictions and sentences imposed by the Trial Court and affirmed by the High Court
Filing Reason
The appeals were filed on grounds including non-compliance with Section 313 of the Code of Criminal Procedure, 1973, alleging violation of fair trial rights
Previous Decisions
The Trial Court convicted six persons under Section 302/34 IPC and sentenced them to life imprisonment; the High Court upheld these convictions in appeals filed under Section 374(2) CrPC
Issues
Whether there was non-compliance with Section 313 of the Code of Criminal Procedure, 1973, affecting the fairness of the trial
Whether such non-compliance warranted acquittal of the appellants
Submissions/Arguments
The appellants argued that non-compliance with Section 313 CrPC violated their right to a fair trial as they were not properly examined on incriminating evidence
The State likely defended the convictions, but the judgment focuses on the appellants' contention regarding Section 313 CrPC
Ratio Decidendi
Non-compliance with Section 313 of the Code of Criminal Procedure, 1973, which mandates examination of the accused to explain incriminating evidence, violates principles of natural justice and fair trial, leading to prejudice that warrants acquittal if established
Judgment Excerpts
"The object of recording the statement of the accused under Section 313 CrPC is to put all incriminating evidence to the accused so as to provide him an opportunity to explain such incriminating circumstances appearing against him in the evidence of the prosecution" -- Para 7.1
"Non-compliance with the Section may cause prejudice to the accused" -- Para 7.2
Procedural History
On 31 March 2016, an incident led to the death of Ghughali Pasi; the Trial Court convicted six accused persons on 27 March 2017; appeals were filed to the High Court, which affirmed the convictions on 4 September 2024 and 26 September 2024; the Supreme Court granted leave and heard the appeals, focusing on Section 313 CrPC compliance
Acts & Sections
- Indian Penal Code, 1860: Section 302, Section 34, Section 448, Section 323
- Code of Criminal Procedure, 1973: Section 313, Section 374(2)
