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Supreme Court of India 2018-05-16

Vinubhai Ranchhodbhai Patel vs Rajivbhai Dudabhai Patel & Others

Bench: 2 — Chelameswar

In Brief

In 1992, a violent conflict in a Gujarat village resulted in three deaths and five injuries. Multiple accused were tried but acquittals and convictions resulted in conflicting decisions. The Supreme Court found grave defects in charge framing and judicial reasoning at both trial and appellate levels. Although improper charges do not automatically invalidate convictions, the combined failures—including failure to clearly establish an unlawful assembly, identify members, specify which accused caused which deaths, and apply vicarious liability principles—constituted manifest injustice to both victims and accused. After 26 years, a fresh trial was impracticable. The Court awarded compensation to victims' families (Rs 25 lakhs per deceased, Rs 10 lakhs per injured survivor) as public law damages, holding the State liable for failing its constitutional duty to maintain law and order.

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Criminal Procedure Evidence Unlawful Assembly Vicarious Liability Charge Framing Appellate Jurisdiction Failure of Justice Public Law Damages Compensation

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