Supreme Court remands murder case back to trial court due to fatal procedural error - all three accused given identical carbon copy statements under Section 313 CrPC, violating fundamental fair trial rights. Court emphasizes each accused must be individually examined on material circumstances against them.
CAN A TRIAL COURT USE IDENTICAL "CARBON COPY" QUESTIONS FOR MULTIPLE ACCUSED DURING THEIR SECTION 313 CRPC EXAMINATION, AND IF SO, DOES THIS VIOLATE THEIR RIGHT TO A FAIR TRIAL?
NO, IDENTICAL "CARBON COPY" EXAMINATION VIOLATES FAIR TRIAL RIGHTS. The Supreme Court has ruled that giving all accused persons identical statements during their Section 313 CrPC examination constitutes a serious procedural violation that requires the case to be sent back (remanded) for fresh examination. Each accused must be individually examined on material circumstances specific to their alleged involvement.
Incident: Ghughali Pasi allegedly assaulted and killed while returning from fields with family members
Trial Proceedings: Sessions Trial No. 256 of 2016 conducted before District & Sessions Judge, Buxar
Conviction: Trial Court convicts six persons under Section 302/34 IPC, sentences to life imprisonment
Sentencing: Formal sentencing order passed with fines and concurrent sentences
Appeal Process: Accused file appeal before Patna High Court challenging conviction
High Court Decision: Patna High Court affirms conviction in Criminal Appeal (DB) No. 443 of 2017
Supreme Court Justice: SC allows appeal, remands case due to Section 313 CrPC violation
| Legal Right | Basis in Law | How to Assert It |
|---|---|---|
| Individual Examination | Section 313(1)(b) CrPC | Demand questions specific to your alleged role |
| Material Circumstances | Sanatan Naskar vs State of W.B. | Ensure each piece of evidence against you is put separately |
| Understanding Questions | Natural Justice Principles | Request translation/clarification if needed |
| Right to Explanation | Indrakunwar vs State of Chhattisgarh | Provide detailed explanation for each circumstance |
Power to examine the accused - allows court to question accused about evidence after prosecution case ends.
Sending case back to lower court for fresh proceedings on specific issues while keeping other findings intact.
Important facts and evidence that form basis for prosecution case and potential conviction.
Latin for "hear the other side" - fundamental principle of natural justice requiring both parties be heard.
Making trial invalid due to serious procedural irregularities that prejudice accused's rights.
"The statements extracted above reveal a sorry state of affairs - an abject failure on the part of the Court in complying with the basic tenets of law. The statements given by all three persons are carbon copies of each other. How such statements can pass muster at the hands of the learned Trial Judge is something which we fail to understand."
This judgment reinforces that procedural safeguards are not mere technicalities but fundamental rights that protect the accused from wrongful conviction. The Supreme Court emphasized that Section 313 CrPC examination must be meaningful, individualized, and comprehensive. When courts reduce this critical procedural safeguard to a mechanical exercise using "carbon copy" statements, they violate the very essence of fair trial guaranteed under Article 21 of the Constitution.
The Court remanded the case to the Trial Court specifically for fresh recording of Section 313 CrPC statements for the three appellants. The remand is limited to this issue only, and the Trial Court must complete this process within four months from receiving the Supreme Court's order. Importantly, the Court clarified that this remand does not affect the findings against other accused persons who didn't appeal.
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Making Supreme Court judgments accessible and actionable for every Indian citizen navigating legal challenges.
This analysis decodes a critical criminal procedure judgment to help citizens understand their right to proper examination under Section 313 CrPC. It empowers accused persons to recognize and challenge procedural violations that could compromise their fair trial rights, ensuring that justice is not only done but seen to be done through proper procedures.