Source: Supreme Court

Why in News?

• Justice Abhay S. Oka and Justice Pankaj Mitthal observed that the Madhya Pradesh High Court has, thus, committed illegality by deciding the appeal against the conviction preferred by the appellant without hearing the appellant or his advocate.
• Supreme Court gave this observation in the case of S Chandra Pratap Singh v. State of MP.

What is the Background of Chandra Pratap Singh v. State of MP Case?

• The SC heard a triple murder case where the HC gave the judgment without hearing the advocate of the appellant.
• The HC sentenced the appellant to life imprisonment for murder along with common intention.
• The appellant got to opportunity to defend himself upon charges under Section 34 of Indian Penal Code, 1860 (IPC) as the original charges against accused were under Section 302 read with Sections 148 and/or 149 of IPC which were altered to a charge under Section 302 read with Section 34 of IPC by the High Court.

What were the Court’s Observations?

• The SC while emphasizing the error made by the HC said, “After finding that the advocate appointed by the appellant was absent, the HC ought to have appointed a lawyer to espouse his cause”.
• The court further said in view of the wide powers conferred by Section 386 of the Code of Criminal Procedure, 1973 (CrPC), even an Appellate Court can exercise the power under Section 216 CrPC of altering or adding the charge.
• The SC set aside the conviction for murder with common intention by examining the case on evidence because the case was pending since very long and HC made a procedural error in giving the judgment.
• However, the SC retained his conviction under Section 201 of IPC for causing the disappearance of evidence or giving false information to screen the offender.

What were Major Legal Provisions Involved in the Case?

Indian Penal Code, 1860

• Section 201: Causing disappearance of evidence of offence, or giving false information to screen offender —
  • Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false;
  • If a capital offence — shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
  • If punishable with imprisonment for life — and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
  • If punishable with less than ten years imprisonment — and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.

Code of Criminal Procedure, 1973

• Section 386: Power of the Appellate Court
  • After perusing such record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 377 or section 378, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may-
    • (a) in an appeal from an order or acquittal, reverse such order and direct that further inquiry be made, or that the accused be re- tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;
    • (b) in an appeal from a conviction-
    • (i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re- tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or
    • (ii) alter the finding, maintaining the sentence, or
    • (iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the Same;
    • (c) in an appeal for enhancement of sentence-
    • (i) reverse the finding and sentence and acquit or discharge the accused or order him to be re- tried by a Court competent to try the offence, or
    • (ii) alter the finding maintaining the sentence, or
    • (iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, so as to enhance or reduce the same;
    • (d) in an appeal from any other order, alter or reverse such order;
    • (e) make any amendment or any consequential or incidental order that may be just or proper; Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement: Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal.