Kalicharan & Ors. vs. State of Uttar Pradesh

Criminal Appeal · 2022 INSC 1277Decided 14 Dec 2022
Criminal Appeal No. 122 of 2021
Sanjay Kishan Kaul · Abhay S. Oka

Background

In a December 2000 altercation in Bulandshahr, Uttar Pradesh, a dispute over a bullock cart escalated into a violent clash between two families, resulting in the deaths of Harpal Singh and Rani and injuries to several others. The Fast Track Sessions Court convicted five accused, including Kalicharan, his sons Yaad Prakash and Diwan Singh, and his wife Shakuntala Devi, for murder and related offences; the Allahabad High Court dismissed their appeals. One accused, Diwan Singh, was separately found by the Supreme Court to have been a juvenile at the time of the offence and was acquitted in 2021, leaving four appellants. The remaining appellants argued that the trial was fundamentally unfair because the charge sheet alleged Harpal Singh died from a bullet fired by Yaad Prakash, yet the actual trial evidence (post-mortem and medical testimony) showed no bullet injury, he had in fact died from being attacked with sharp weapons, and this contradiction was never put to the accused for an explanation.

Decision Breakdown

The Supreme Court found that the charge framed under Section 213 CrPC was seriously misleading, since it accused Yaad Prakash of causing Harpal Singh's death by gunshot when the evidence actually showed death from sharp-weapon injuries inflicted by different accused. Compounding this, in the Section 313 examination (where the accused must be confronted with evidence against them), the trial court still put the false bullet-injury circumstance to the accused rather than the true one, meaning the accused never got a chance to explain the actual case against them. Citing precedent (including Sharad Birdhichand Sarda v. State of Maharashtra), the Court held that circumstances not properly put to an accused under Section 313 must be excluded from consideration, and that this defect, combined with the flawed charge, caused serious prejudice amounting to a failure of justice. Since the incident was over 22 years old, a retrial/remand for fresh charges was deemed unfair to the accused; the murder conviction against Kalicharan, Yaad Prakash and Shakuntala Devi could not be sustained, Section 149 (unlawful assembly) could not apply after Diwan Singh's acquittal reduced the group below five persons, and the appeal was allowed: the three remaining appellants (who had already served over three years four months in custody) were ordered released.

Lesson Learnt

A criminal trial can be vitiated not just by weak evidence but by procedural unfairness. If the charge against an accused misstates how the crime was actually committed, and the trial court later confronts the accused (under Section 313 CrPC) with that same incorrect version instead of the evidence actually proved at trial, the accused is denied a real chance to defend themselves, and a conviction obtained that way cannot stand.

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