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Naresh Kumar vs. State of Delhi

Not available · 2024 INSC 464Decided 8 Jul 2024
Not available
Justice C.T. Ravikumar · Justice Sandeep Mehta

Background

A quarrel over water dripping from a rooftop in Delhi in 1995 escalated into violence: after the appellant's wife and the deceased's sister exchanged abuses, the appellant's brother Mahinder stabbed the deceased, Arun Kumar, to death, while the appellant allegedly held the victim down to enable the stabbing. The appellant was convicted of murder with the aid of Section 34 IPC (common intention) and sentenced to life imprisonment, a conviction upheld by the Delhi High Court. Before the Supreme Court, he argued that the trial court never questioned him under Section 313 CrPC about the two key pieces of evidence used to convict him: his exhortation to his brother and his act of holding the victim.

Decision Breakdown

The Supreme Court held that Section 313 CrPC requires the trial court to specifically put every incriminating circumstance from the prosecution evidence to the accused so he can explain it, and failing to do so for evidence that actually forms the basis of conviction is not a mere technical lapse if it causes real prejudice. Here, the trial court's own judgment showed the appellant's conviction rested entirely on his alleged exhortation and act of holding the deceased, neither of which had ever been put to him during his Section 313 examination. Since more than 29 years had passed and a fresh trial-stage examination at this late date would itself be unfair and further prejudicial, the Court held the omission could not be cured by remand. The conviction and sentence against the appellant were set aside and he was acquitted (without disturbing the co-accused's separate conviction).

Lesson Learnt

An accused facing a serious charge has a fundamental right to be specifically questioned on every piece of evidence used against him before the court relies on it to convict him. If the court skips this step for the very evidence that decides the case, the conviction cannot stand, however long ago the offence occurred.

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

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