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Deepu @ Deepak v. State of Madhya Pradesh

Criminal Appeal · 2018 INSC 1207Decided 14 Dec 2018
Criminal Appeal No. 1277 of 2010
Justice N.V. Ramana · Justice Mohan M. Shantanagoudar

Background

The appellant, Deepu, had initially been discharged by the trial court in a murder-and-robbery case, but that discharge order was later recalled; the Supreme Court previously set aside the recall on the technical ground that criminal courts have no power to "review or recall" their own orders under the Cr.P.C. During the trial of the other co-accused, the prosecution applied under Section 319 of the Code of Criminal Procedure (which allows a court to summon any person, not originally an accused, to stand trial if evidence emerging during trial shows they appear to have committed the offence) to bring the appellant back in as an accused, based on material including a supplementary charge-sheet, an identification parade, and forensic evidence. The trial court summoned him and framed charges; the High Court upheld that order, and the appellant challenged it before the Supreme Court.

Decision Breakdown

The Supreme Court held that the trial court had properly exercised its power under Section 319 Cr.P.C., since the earlier discharge had ignored a supplementary charge-sheet containing substantial material (identification parade results, forensic science laboratory reports, and multiple witness statements) implicating the appellant. Applying the standard laid down by a Constitution Bench in Hardeep Singh vs. State of Punjab, the Court found the trial court had carefully examined the evidence before deciding there was a prima facie case to proceed against the appellant, and the High Court had correctly confirmed this. The Supreme Court therefore dismissed the appeal and upheld the order summoning the appellant to face trial, while clarifying that none of the observations made in this or the lower courts' orders should influence how the sessions trial is ultimately decided on its merits.

Lesson Learnt

A person who has been discharged from a criminal case is not permanently out of jeopardy: if substantial evidence against them surfaces later during the trial of co-accused (such as a supplementary charge-sheet or forensic reports), the law allows the court to summon them back to stand trial under Section 319 Cr.P.C., provided the court has carefully examined that evidence first.

Official source (sci.gov.in)View Judgment (PDF)

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