LexRANVIR YADAV versus STATE OF BIHAR
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[2009) 7 S.C.R. 653 - -J RANVIR YADAV A v ... STATE OF BIHAR Criminal Appeal No. 10 of 2002 MAY 5, 2009 B [DR. ARIJIT PASAYAT, DR. MUKUNDAKAM "' SHARMA, JJ] • Code of Criminal Procedure, 1973: s.313- Examination under - Object and scope of - Discussed - On facts, no incriminating materials put to accused uls.313 - Due to this c serious lapse, conviction as recorded calls for interference - Penal Code, 1860 - s. 302. The High Court set aside the order of acquittal and convicted appellant under Section 302 IPC. Appellant- D accused filed present appeal on the ground that incriminating materials were not put to him in examination under Section 313 Cr. P.C. Partly allowing the appeal, the Court HELD: 1.1. The purpose of Section 313 Cr.P.C. is set E - out in its opening words - 'for the purpose of enabling the accused to explain any circumstances appearing in '• the evidence against him.' [Para 4] [658-B-C] + Hate Singh, Bhagat Singh v. State of Madhya Pradesh F I AIR (1953) SC 468 - relied on. .. · 1. 2. The object of examination under this Section is to give the accused an opportunity to explain the case made against him. This statement can be taken into consideration in judging his innocence or guilt. Where G ,.4 there is an onus on the accused to discharge, it depends on the facts and circumstances of the case if such statement discharges the onus. The word 'generally' in 653 H 654 SUPREME COURT REPORTS [2009] 7 S.C.R. .. A sub-section (1) (b) does not limit the nature of the ) questioning to one or more questions of a general nature relating to the case, but it means that the question should - relate to the whole case generally and should also be limited to any particular part or parts of it. The question B must be framed in such a way as to enable the accused to know what he is to explain, what are the circumstances which are against him and for which an explanation is • needed. The whole object of the section is to afford the • t accused a fair and proper opportunity of explaining c circumstances which appear against him and that the questions must be fair and must be couched in a form which an ignorant or illiterate person will be able to appreciate and understand. A conviction based on the accused's failure to explain what he was never asked to D explain is bad in law. The whole object of enacting Section 313 Cr. P.C. was that the attention of the accused should ,I.. be drawn to the specific points in the charge and in the evidence on which the prosecution claims that the case is made out against the accused so that he may be able E to give such explanation as he desires to give. It is not sufficient compliance to string together a long series of facts and ask the accused what he has to say about them. , He must be questioned separately about each material substance which is intended to be used against him. The • questionings must be fair and couched in a form which F an ignorant or illiterate person will be able to appreciate ' and understand. Even when an accused is not illiterate, his mind is apt to be perturbed when he is facing a serious charge. Fairness, therefore, requires that each material circumstance should be put simply and separately in a G way that an illiterate mind, or one which is perturbed or confused, can readily appreciate and understand. [Paras 1--, 5-7) [658-F-H; 659-A-F] 2. It is true as contented for the appellant that no H incriminating materials were put to the accused under RANVIR YADAV V. STATE OF BIHAR 655 -· Section 313 Cr. P.C. There is no accusation specifically A _, put in question during examination. It only refers to '"'" kidnapping. So far as the question No. 3 is concerned -l, same relates to PW 10. He did not say that he had seen gun fired by the appellant. [Para 1 O] [660-F-G] 3. It is a matter of regret and concern that the trial B court did not indicate the incriminating material to the ., accused. Section 313 Cr. P.C. is not an empty formality . There is a purpose behind examination under Section 313 ~ Cr.P.C. Unfortunately, that has not been done. Because of the serious lapse· on the part of the trial court the c conviction as recorded has to be interfered with. Conviction recorded by the High Court is set aside. [Para 11] [660-H; 661-A-B] Case Law Reference D -" AIR (1953) SC 468 relied on Para 4 CRIMINALAPPELLATE JURISDICTION: Criminal Appeal No.1
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