The Hon’ble Supreme Court opined that the relevant questions have to be prepared by the Court for Section 313 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) by properly tracing the incriminating circumstances in the evidence produced against the Accused so that the Accused gets an opportunity to present.
The Court summarized the legal proposition on Section 313 such as Section 313 is a safeguard for the Accused to prove his innocence, no conviction solely based on Section 313 statement and Section 313 mandates the Court to question the Accused so that he can personally explain the circumstances appearing in the evidence against him.
Brief Facts:
As per the Prosecution, one victim was murdered and the other three were stabbed with a knife by the Appellant. The Appellant was convicted under Sections 302 and 307 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”). An appeal was preferred by the Appellant but it was dismissed. Hence, the present appeal.
Contentions of the Appellant:
It was argued that people present at the site of occurrence were not examined and hence, it was fatal to the Prosecution case. Further, other witnesses who were examined were interested witnesses and therefore, their testimonies could not be credible for reliance. It was also argued that motive was not established.
Observations of the Court:
It was noted that the Appellant in his defence and Section 313 statement asserted that he used to come to Nagpur for collecting rent. When the Appellant was returning, the victim spat on the Appellant and took out a knife. The Appellant also suffered injuries.
The Bench analyzed several judicial precedents on Section 313 of the Cr. P.C and summarized the important points:
- Section 313 is a safeguard for the Accused to prove his innocence
- Section 313 mandates the Court to question the Accused so that he can personally explain the circumstances appearing in the evidence against him
- The Accused may deny the allegations directly or may admit some circumstances.
- The Accused can make statements without fear of cross-examination.
- No conviction is solely based on Section 313 statement.
- Section 313 statement is not evidence under Section 3 of the Evidence Act.
- The whole statement has to be considered and not isolated parts.
It was opined that the relevant questions have to be prepared by the Court by properly tracing the incriminating circumstances in the evidence produced against the Accused so that the Accused gets an opportunity to present.
Further, after the amendment, the questions can be prepared by taking assistance from the Public Prosecutor and Defence Counsel too.
The Bench ruled that the Section 313 exercise should be carried out in a real sense so that justice can be achieved.
In the present case, it was noted that the Section 313 statement of the Appellant had both inculpatory admissions and exculpatory circumstances. It was noted that there was a likelihood of provocation from the victim’s side and this fact was not considered by the Trial Court.
Further, it was observed that the motive was not properly established in the present case which served as a missing link in the Prosecution story. The Top Court was of the view that the Trial Court lacked objectivity by not examining facts and circumstances.
Noting the statements of the Appellant and other facts, the Apex Court ruled that the Appellant was entitled to get the benefit of Section 300, Exception 4, IPC.
The decision of the Court:
Based on the reasons, the Supreme Court upheld the conviction under Section 304, Part-11, IPC, and set aside the conviction for murder and sentencing. Accordingly, the appeals were allowed.
Case Title: Premchand v. The State of Maharashtra
Case No: Criminal Appeal No. 211 of 2023
Citation: 2023 Latest Caselaw 173 SC
Coram: Hon’ble Mr. Justice Ravindra Bhat, Hon’ble Mr. Justice Dipankar Datta
Advocates for Appellant: Advs. Mr. Sudheer Voditel, Mr. Ravindra Bana, Mr. Simanta Kumar
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