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Supreme Court of India · 14/12/2022

KALICHARAN & ORS versus STATE OF UTTAR PRADESH

[2022] 16 S.C.R. 56 · 2022 INSC 1277

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Summary

A quarrel over levelling a lane in Bulandshahr in 2000 led to an armed attack in which two people died. A father, his son and his wife were convicted of rioting, murder and attempt to murder with the aid of Section 149 IPC. The Supreme Court acquitted them. A co-accused had already been found to be a juvenile, so fewer than five persons remained and there was no unlawful assembly. The murder charge alleged that one deceased died of gunshots from the son's pistol. The evidence and post-mortem showed only sharp-weapon injuries inflicted after he fell. That case was never framed as a charge under Section 213 CrPC or put to the accused under Section 313. This misled them and caused a failure of justice, and a remand 22 years later would be unfair.

Issues

  1. Whether convictions under Sections 148 and 149 IPC could stand when, after one accused was held to be a juvenile, fewer than five persons remained.
  2. Whether the failure to frame a charge stating the manner of the murder under Section 213 CrPC, and to put the material circumstances to the accused under Section 313 CrPC, caused prejudice and a failure of justice.

Provisions considered

Held

Result

Criminal Appeal No. 122 of 2021 allowed; the judgments of the Fast Track Sessions Court, Bulandshahr and of the Allahabad High Court dated 24.05.2019 in Criminal Appeal No. 2181 of 2003 set aside so far as they convicted accused Nos. 1, 2 and 4, who were directed to be released forthwith unless required in any other case; accused No. 3 had already been acquitted as a juvenile by order dated 01.07.2021.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 56.