Prejudice to the accused occasioned a failure of justice

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Referring to the requirements of Sections 213 and 313 of CrPC, the Supreme Court held that because of omission to frame a proper charge in terms of Section 213 of CrPC, and by reason of not putting important circumstances appearing in the evidence in the statement under Section 313 caused serious prejudice to the accused and the prejudice has occasioned a failure of justice. 

The bench of judges further addressed the question of whether there was an unlawful assembly to which the judges stated that appellant no.3 will have to be kept out of consideration. Moreover, the charge under Sections 148 and 149 of IPC cannot be sustained.  

Along with this, the requirement of Section 313 CrPC is that the accused must be explained the circumstances of appearing in the evidence against him so that accused can offer an explanation. There is every possibility of the accused getting misled due to the framing of such a charge and omission to frame the correct charge. 

What is more serious is that though the prosecution case made out during the trial indicated that the death was not caused due to any bullet injury, the circumstance put to all the accused was that the death of the deceased was caused due to four to five shots fired by accused no.2 by a country-made pistol. 

To this, the Supreme Court judges added that the charge of committing the murder of the deceased against accused nos. 1,2 and 4 cannot be substantiated.

Further, the impugned judgments of the Sessions Court, as well as the High Court, were set aside and the appeal was allowed.