1998 Brij Bihari Prasad Murder : Supreme Court Upholds Conviction, Life Sentence Of Ex-MLA Munna Shukla & Another; Upholds Acquittal Of 6

In a significant development, the Supreme Court today upheld the conviction and life sentence of accused Munna Shukla (ex-Bihar MLA) and Mantu Tiwari in the 1998 Brij Bihari Prasad murder case. Out of a total of 8 accused, while two's conviction by the trial court was upheld, the Court gave benefit of doubt to 6 others and refused to interfere with their acquittal by the Patna High Court.

A bench of Justices Sanjiv Khanna, Sanjay Kumar and R Mahadevan delivered the verdict on pleas challenging acquittal of former MP Surajbhan Singh, Munna Shukla, and others, in the murder case. Orders were reserved on the same on August 22.

Pronouncing the decision, Justice Khanna said,

"We have accepted that the charge under Section 302...34 (IPC) has been established against Mantu Tiwari and Vijay Kumar Shukla...charge under Section 307 is also established against both of them (for attempt to murder)...others, we have given the benefit of doubt and not interfered with the judgment of acquittal. We have said that they will undergone life imprisonment for Section 302...fine Rs.20,000...as far as offense under Sections 307/34 are concerned, they will undergo imprisonment for 5 years...fine Rs.20,000...The sentences will run concurrently. Benefit of Section 428 CrPC will apply. As default punishment was not imposed by the trial court, we direct that in the case of non-payment, they shall undergo rigorous imprisonment for 6 months."

Convicts Mantu Tiwari and Munna Shukla have been directed to surrender within 15 days.

To recap, Brij Bihari Prasad, a member of then Janata Dal, was murdered in 1998 while undergoing treatment at a hospital. As per reports, his death was in retribution for his involvement in assassination of gangster Chhottan Shukla and others, who were killed the same year.

The trial court sentenced 8 persons to life imprisonment for Brij Bihari Prasad's murder in 2009. Seven of them, including Surajbhan Singh, Munna Shukla and Rajan Tiwari were acquitted by the Patna High Court for lack of evidence. Against the acquittal, Brij Bihari Prasad's wife (former BJP MP) and CBI approached the Supreme Court.

Case Title: RAMA DEVI Versus THE STATE OF BIHAR AND ORS., Crl.A. No. 2623-2631/2014 (and connected case)

Citation : 2024 LiveLaw (SC) 776

Click here to read the judgment