Case Note & Summary
The High Court of Bombay heard five criminal appeals arising from the conviction of seven accused under Section 396 read with Section 34 of the Indian Penal Code. The trial court had sentenced each to life imprisonment and a fine for the murder of Mahendra Mehta during a robbery on 21 March 2007. The prosecution case was that Mahendra, a jeweller, was on his way to catch a train to Gujarat when four persons on two motorcycles snatched his bag and fatally assaulted him with choppers when he resisted. Investigation revealed that accused no.7, an employee at another jewellery shop, had obtained Mahendra's travel plans and passed the information to accused no.5, who orchestrated the robbery with accused nos.1 to 4 and 6. The trial court convicted all seven on the evidence of 26 witnesses. On appeal, the defence argued that the death was accidental, not homicidal, and that the trial was vitiated because the trial court failed to properly examine the accused under Section 313 of the Code of Criminal Procedure, 1973. The High Court examined the evidence, including the inquest panchanama, medical evidence, and the ADR entry, and concluded that the prosecution had proved that the death was homicidal, rejecting the claim of an accidental motor vehicular death. However, the Court found that the trial court had not complied with the mandatory requirement of Section 313 CrPC, as all incriminating circumstances were not put to the accused during their examination, depriving them of the opportunity to explain. Relying on the principle that non-compliance with Section 313 vitiates the trial, the Court held that the conviction could not be sustained, irrespective of the strength of the prosecution case on facts. Accordingly, the appeals were allowed, the conviction and sentence were set aside, the accused were acquitted, their bail bonds were cancelled, and any fine paid was ordered to be refunded.
Headnote
A) Criminal Procedure - Examination of Accused - Section 313 Code of Criminal Procedure, 1973 - Non-compliance vitiates trial - Accused must be given opportunity to explain every incriminating circumstance - Failure to put material circumstances to accused renders conviction unsustainable - Held that conviction and sentence set aside, appeals allowed. (Paras 5)
Issue of Consideration
Whether the failure to properly examine the accused under Section 313 of the Code of Criminal Procedure, 1973 by not putting all incriminating circumstances to them vitiates the trial and consequently the conviction.
Final Decision
The appeals were allowed. The judgment and order of conviction and sentence were quashed and set aside. The appellants were acquitted of all charges. Their bail bonds were cancelled and any fine paid was ordered to be refunded.
Law Points
- Non-compliance of mandatory requirement of Section 313 CrPC to examine accused on all incriminating evidence vitiates trial
- conviction liable to be set aside. Prosecution must prove homicidal death beyond reasonable doubt.
Case Details
2015 LawText (BOM) (04) 77
Criminal Appeal Nos. 415 of 2010, 417 of 2010, 454 of 2010, 608 of 2010, 613 of 2010
Smt. V. K. Tahilramani, Smt. I. K. Jain
Mr. N. V. Sawant, Dr. F. R. Shaikh, Mr. Hrishikesh Mundargi, Mr. Aniket Vagal, Mr. Saurabh Butala, Mr. Harshawardhan Salgaonkar, Mr. Harshad Bhadbhade, Mr. S. R. Chitnis, Mr. A. V. Bedekar
Swapnali @ Sapana Sharad Mahadik, Rakesh Kantilal Bachchawat, Vishal Champalal Jain, Raju @ Dheknya S/o. Maganbhau Thakre, Shabbir @ Khadda S/o. Feroz Khan, James @ Jumbo S/o. John Fernandis, Vishal @ Suraj S/o. Arjun Singh Chouhan
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Nature of Litigation
Criminal appeals against conviction and life sentence for murder and robbery
Remedy Sought
Appellants sought quashing of conviction and acquittal
Filing Reason
Convicted under Section 396 read with Section 34 of the Indian Penal Code
Previous Decisions
The trial court convicted all seven accused and sentenced each to life imprisonment and fine
Issues
Whether the prosecution established homicidal death beyond reasonable doubt
Whether non-compliance with Section 313 of the Code of Criminal Procedure vitiates the trial
Submissions/Arguments
The defence argued that the death was accidental, caused by a motor vehicle, and that the ADR entry was suppressed
It was contended that the trial court failed to properly examine the accused under Section 313 CrPC, as not all incriminating circumstances were put to them, thereby violating their right to explain
Ratio Decidendi
The mandatory requirement under Section 313 of the Code of Criminal Procedure, 1973, to provide the accused an opportunity to explain every incriminating circumstance appearing against them in the prosecution evidence must be strictly complied with. Failure to do so vitiates the trial, irrespective of the merits of the prosecution case, and renders the conviction unsustainable.
Judgment Excerpts
for the reasons stated below, we are of the opinion that on facts prosecution succeeded but for want of proper compliance of Section 313 of the Code of Criminal Procedure, trial vitiates and judgment and order of conviction and sentence needs to be quashed and set aside.
The probable cause of death opined by PW 13 Dr.Sanap was haemorrhage and shock due to multiple injuries. PW 13 Dr.Sanap opined that it was an unnatural death.
The learned APP has produced its true copy on record which shows the history of homicidal death and not an accidental death, as submitted by the learned Senior Advocate for Appellants.
Procedural History
The case registered at Kasturba Marg Police Station as C.R.No.55 of 2007 under Sections 393, 397, 302 IPC, later transferred to DCB CID. After investigation, charge-sheet filed, case committed to Court of Sessions, trial conducted, and by judgment dated 20/04/2010, the Additional Sessions Judge convicted all seven accused under Section 396 read with 34 IPC and sentenced each to life imprisonment and fine. These appeals were filed before the High Court.
Acts & Sections
- Indian Penal Code, 1860: 396, 398, 34, 302, 393, 397
- Code of Criminal Procedure, 1973: 313
