Supreme Court on Fair-Trial Violation: Section 313 CrPC Non-Compliance — Convictions Remanded.

Headnote:

The Supreme Court set aside the convictions of three appellants — Chandan Pasi, Pappu Pasi and Gidik Pasi — in a murder case, on the ground that the trial court failed to conduct a proper examination under Section 313 CrPC. The so-called examination consisted of only four generic questions identical for each accused, without putting specific incriminating evidence or material circumstances to them. The Court held this to be a grave violation of the right to a fair trial (audi alteram partem), and remanded the case for a fresh trial beginning from the stage of recording Section 313 statements. The convictions of other co-accused remain unaffected.

Background:

• The appellants had been convicted by the Trial Court (Sessions Court, Buxar) in Sessions Trial No. 256/2016 for murder under Indian Penal Code (IPC) Sections 302/34, 448/34, 323/34 and sentenced to life imprisonment + fine and concurrent simple imprisonment.

• The High Court of Patna upheld the conviction by its judgments dated 4 September 2024 and 26 September 2024.

• The facts: On 31 March 2016, the deceased (Ghughali Pasi) was assaulted and killed by the accused persons with weapons while returning from fields. Allegations also included assault on other family members.

Court’s Observations — Section 313 CrPC Non-Compliance:

• The Court reiterated that Section 313 CrPC is a vital safeguard ensuring accused persons can personally explain incriminating evidence — not a mere formality.

• In this case, the so-called 313 examination was grossly inadequate — only 4 questions asked to each, generic and identical for all; no specific material circumstances were put.

• The accused’s answers were “carbon copy” denials, offering no real opportunity to address individual incriminating evidence.

• The Court emphasised that such mechanical procedures violate the principles of natural justice (audi alteram partem) and cannot sustain a conviction.

Decision / Relief:

• The appeals of the three appellants are allowed.

• Convictions are set aside only for these three; other co-accused remain unaffected.

• The case is remanded to the Trial Court to start afresh from the stage of recording proper Section 313 CrPC statements.

• Trial Court directed to complete the process within four months of communication of this judgment.

Citation: 2025 INSC 1371

Case: Chandan Pasi & Ors. v. State of Bihar

Court: Supreme Court of India

Coram: Justice Sanjay Karol & Justice Nongmeikapam Kotiswar Singh