The Supreme Court of India has acquitted Shambhu Choudhary, who had been convicted in a 2011 murder case, on the ground that the Trial Court failed to comply with the mandate of Section 313 of the Criminal Procedure Code (CrPC). The Court held that the accused was not properly examined regarding each incriminating piece of evidence against him, thereby causing grave prejudice.
The judgment was delivered by a Bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan in Criminal Appeal No. 2154 of 2025 arising out of S.L.P. (Criminal) No. 8688 of 2023.
Background of the Case
Shambhu Choudhary was one of eight accused persons tried for the murder of Ramashrey Choudhary, who was shot dead on 8 May 2011 in Begusarai district, Bihar. The accused were charged under Sections 302/149, 120-B of the Indian Penal Code, 1860, and Section 27 of the Arms Act, 1959.
While the Trial Court convicted all the accused, the Patna High Court, in its judgment dated 23 December 2022, allowed the appeals of the co-accused. In the case of Shambhu Choudhary, however, the High Court modified the conviction from Section 302 read with 149 IPC to a simpliciter conviction under Section 302 IPC. Aggrieved by this, the appellant approached the Supreme Court.
Arguments by the Appellant
The counsel for the appellant raised several contentions, the most prominent being the improper recording of the accused’s statement under Section 313(1) CrPC. It was submitted that:
- There was an unexplained delay of 8 days in forwarding the FIR to the Magistrate.
- All eye-witnesses (PW1 to PW4) were interested witnesses.
- The investigating officer’s deposition raised doubts.
- Most significantly, the incriminating materials from prosecution witnesses were not properly put to the appellant during his Section 313 examination.
Court’s Analysis on Section 313 CrPC
The Court focused extensively on the defective compliance with Section 313(1) CrPC. Citing Raj Kumar alias Suman v. State (NCT of Delhi), (2023) 17 SCC 95, the Court reiterated that it is the trial court’s duty to put each material circumstance appearing in the evidence specifically, distinctly, and separately to the accused.
The Bench observed:
“Under Section 313 of the CrPC, it is a duty of the Court to explain to the accused the circumstances appearing against him in the evidence.There is a difference between ‘circumstances appearing in the evidence against the accused’ and ‘case of the prosecution in brief’. In this case, what is put to the appellant-accused is the case of the prosecution in brief. It was a duty of the Court to point out to the accused what each prosecution witness and especially, eye witness has deposed against him.”
The Court held that the accused must be given full notice of every incriminating circumstance so that he may offer an explanation or consider leading defence evidence. In the present case, the examination failed to meet this requirement.
Prejudice and Delay
Rejecting the High Court’s finding that no prejudice was demonstrated, the Supreme Court stated:
“We are not in a position to accept the finding which holds that the learned counsel for the appellant has not shown the prejudice. In fact, the prejudice in this case is such that no argument is required to come to a conclusion that there is a prejudice.”
Given that the incident occurred 14 years ago and the appellant had already undergone over 14 years of incarceration, the Court declined to remand the matter for fresh Section 313 examination.
Decision
Setting aside the conviction, the Court concluded:
“The purported examination of the appellant under Section 313(1) of the CrPC is no examination as required… and therefore, there is no hesitation in holding that prejudice has been caused to the appellant.”
Accordingly, the judgment of the Patna High Court dated 23 December 2022 in Criminal Appeal (DB) No. 494 of 2014 was set aside. The Court acquitted Shambhu Choudhary of all charges and ordered his immediate release unless required in any other case.
Case Citation: Shambhu Choudhary vs State of Bihar, Criminal Appeal No. 2154 of 2025
