NDLI: Deep Narayan Chourasia Vs. State of Bihar

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	ss.302/149 Non-appealing accused IPC conviction against acquittal fundamental jurisdictional errors
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Arms Act, 1959 (54 of 1959) Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860: ss.302/149 – Five persons tried for murder – Trial court convicted one accused under s.302 IPC and under s.27 of Arms Act and other four co-accused under s.27 of Arms Act only – On appeal, High Court convicted four co-accused also under ss.302/149 along with the accused – In the instant appeal,only one co-accused challenged the order of High Court – Held:High Court completely under misconception misdirected itself by forming an opinion as if all the five accused were convicted under ss.302/149 and convicted four co-accused also under s.302/149 along with the accused – High Court failed to apply its judicial mind and committed fundamental jurisdictional errors – There was no appeal filed by the State against the order of acquittal ofco-accused under ss.302/149 nor was there any notice of enhancement of their sentence issued by the High Court suo motu to these four accused – High Court failed to see that the trial court had acquitted all the accused under s.149 IPC, yet proceeded to convict all the accused under s.149 IPC without there being any appeal filed by the State on this issue – Further, although the High Court wrongly convicted the appellant along with three others for the offence punishable under ss.302/149 IPC, yet did not award any sentence to any of the four accused under ss.302/149 IPC which was mandatorily required to be awarded to each convicted accused as provided under s.354(3), Cr.P.C. – Impugned order is set aside qua all the co-accused persons – Matter remanded to High Court for adjudication on respective merits in accordance with law – Code of Criminal Procedure, 1973 – s.354(3) – Arms Act, 1959 – s.27.Appeal: Non-appealing accused – Effect of decision in appealon the non-appealing accused – In the instant case, appeal of sole appellant is allowed – Whether the entire impugned order is to beset aside or only qua the sole appellant – Held: The entire impugned order is to be set aside against all the accused – An order, which is based entirely on wrong factual premise once held illegal by asuperior Court at the instance of one accused, cannot be allowed to stand against other non-appealing accused persons also – Anillegality 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 – Non-appealing co-accused are also entitled to get benefit of the order of this Court and are, therefore,entitled for re-hearing of their appeals along with the appellant –Judgment/Order – Penal Code, 1860 – ss.302/149.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2019 INSC 263
Petitioner	Deep Narayan Chourasia
Respondent	State Of Bihar
SCR	[2019] 4 S.C.R. 521
Judgement Date	2019-02-25
Case Number	180

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