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Supreme Court of India 2022-12-14 allowed

Kalicharan & Ors vs State of Uttar Pradesh

Bench: 2 — Sanjay Kishan Kaul, Abhay S. Oka

In Brief

A group of accused were convicted of murder arising from a violent incident in which they attacked victims with weapons. The charge alleged that one accused fired bullets that killed the deceased, but trial evidence proved the death resulted from sharp weapon injuries instead. The Supreme Court found that the charge was fundamentally misleading and that critical circumstances appearing in evidence were never explained to the accused under Section 313 CrPC. This caused serious prejudice and failure of justice. The Court set aside convictions of three accused and acquitted them, finding that proper charge-framing and fair questioning procedures are essential safeguards protecting accused persons' right to defend themselves effectively.

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