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
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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
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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
