Background
The Supreme Court recently reversed the acquittal of former RJD MP Prabhunath Singh in a double murder case dating back to 1995. The case involved Singh opening fire on a group of people during an election, leading to the death of two individuals. Singh’s political power allegedly influenced the administration, investigating agency, and witnesses, causing a miscarriage of justice.
Lapses in Criminal Justice System
The Supreme Court highlighted significant failures in the criminal justice system’s various stakeholders: the investigating officer, public prosecutor, and the judiciary. It criticized their failure to fulfill their respective duties and responsibilities, leading to the mishandling of the case.
Reversal of Acquittal and Conviction
The Court reversed Singh’s acquittal and convicted him under Sections 302 (culpable homicide amounting to murder) and 307 (attempt to murder) of the Indian Penal Code (IPC). It ordered his custody and scheduled a hearing to determine the quantum of his sentence.
Investigative Lapses and Prosecutorial Conduct
The Court pointed out several lapses in the investigation and prosecution, including:
- Failure to produce the scribe of the FIR and the investigating officer in court.
- Non-production of key prosecution witnesses, leading to a lack of evidence.
- The public prosecutor’s conduct favoring the defense and his role in filing affidavits in support of defense witnesses.
Judicial Oversight
The Court criticized the Trial Court and the Patna High Court for their failure to properly handle the case. It accused them of not noticing the irregularities in the investigation, prosecutor’s conduct, and accused’s highhandedness. The courts were accused of not taking the sensitivity and intricacies of the case into account and failing to exercise their powers to summon essential witnesses.
Admissibility of Evidence
The Court accepted the dying declaration of one of the deceased, treated as an FIR, as admissible evidence. It also deemed the statement of the deceased’s mother, abducted before her testimony, as reliable, rejecting the lower courts’ view that it was hearsay and tutored.
Conviction and Implications
The Court found Singh’s actions responsible for the injuries and deaths and convicted him accordingly. The acquittal of the other accused was not disturbed due to their names not appearing in the relevant evidence.
Conclusion
The verdict exposes the failures of various branches of the criminal justice system and emphasizes the importance of upholding the rule of law, fairness, and accountability. It underscores the judiciary’s role in ensuring justice and the rule of law, regardless of political influence or power.
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