Patna HC Upheld A Conviction That Wasn't: SC Remands Case For Re-Hearing [Read Judgment]

To elaborate, the Trial court had convicted only one out of five accused under Section 302 IPC in a murder case. The other four were convicted for commission of offence under Section 27 of the Arms Act. In the appeal filed by all the accused against respective convictions, the High Court erroneously observed that their conviction under Section 302/149 IPC was proper. Though it 'upheld' the conviction, it did not award any sentence to the convicts under section 302 IPC.

The bench comprising Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari took note of the gaffe committed by the High Court in an appeal filed by one of those four convicts.

"The High Court, however, was completely under misconception and misdirected itself by forming an opinion as if all the five accused were convicted under Section 302/149 IPC and accordingly went on to appreciate the evidence and while dismissing both the appeals by a common judgment convicted four accused under Section 302/149 IPC along with Kanhai Prasad Chourasia. ", said the bench holding that the case deserves to be remanded to High Court for re-hearing.

While setting aside the High Court order qua all the accused, the bench observed: "It is a fundamental principle of law that an illegality committed by a Court cannot be allowed to be perpetuated against a person to a Lis merely because he did not bring such illegality to the notice of the Court and instead other person similarly placed in the Lis brought such illegality to the Court's notice and succeed in his challenge"

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