1. Double murder and causing disappearance of evidence — Conviction and capital punishment under Sections 302 and 201, IPC. (Para 1 , 2 )
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2025 Supreme(SC) 350
SUPREME COURT OF INDIA
VIKRAM NATH, SANJAY KAROL, SANDEEP MEHTA, JJ.
Sovaran Singh Prajapati – Appellant
Versus
The State of Uttar Pradesh – Respondent
Criminal Appeal Nos. 259-260 of 2019
Decided on : 04-02-2025
Advocates appeared:
For the Appellant(s) : Mr. Rajiv Shakdhar, Sr. Adv. Mr. Aditya Verma, AOR Ms. Shreya Rastogi, Adv. Ms. Aathma Sudhir Kumar, Adv. Ms. Sakshi Jain, Adv. Mr. Karan Khetani, Adv. Mr. Jonathan Ivan Rajan, Adv. Mr. K Rigved Prasad, Adv. Mr. Samar Singh, Adv. Ms. Parkhi Rai, Adv. Mr. Mangesh Naik, Adv.
For the Respondent(s): Mr. Divyesh Pratap Singh, Adv. Mr. Shashank Shekhar Singh, AOR Mr. Ajay Singh, Adv. Mr. Abhinav Singh, Adv. Mr. Harshvardhan Visen Mall, Adv.
For the Appellant(s) : Mr. Rajiv Shakdhar, Sr. Adv. Mr. Aditya Verma, AOR Ms. Shreya Rastogi, Adv. Ms. Aathma Sudhir Kumar, Adv. Ms. Sakshi Jain, Adv. Mr. Karan Khetani, Adv. Mr. Jonathan Ivan Rajan, Adv. Mr. K Rigved Prasad, Adv. Mr. Samar Singh, Adv. Ms. Parkhi Rai, Adv. Mr. Mangesh Naik, Adv.
For the Respondent(s): Mr. Divyesh Pratap Singh, Adv. Mr. Shashank Shekhar Singh, AOR Mr. Ajay Singh, Adv. Mr. Abhinav Singh, Adv. Mr. Harshvardhan Visen Mall, Adv.
The right to a fair trial includes effective legal representation; procedural irregularities in the trial process necessitate a retrial.
Headnote:(A) Indian Penal Code, 1860 - Sections 302 and 201 - Capital punishment - Conviction for double murder of wife and daughter - High Court confirmed death sentence - Appellant's trial marred by procedural irregularities, including absence of counsel during critical stages, leading to a flawed trial process - Fair trial principles under Article 21 of the Constitution emphasized. (Paras 1, 10, 35)
(B) Fair Trial - Right to legal representation - The absence of effective legal counsel during crucial phases of the trial violated the accused's right to a fair trial, necessitating a fresh trial. (Paras 10, 23, 35)
Facts of the case:
The appellant, inebriated, killed his wife and daughter during a domestic dispute, leading to his conviction and death sentence by the Trial Court, which was upheld by the High Court. (Paras 2, 4)
Findings of Court:
The trial was fundamentally flawed due to the absence of legal representation for the accused during key testimonies and procedural lapses, warranting a retrial. (Paras 35, 36)
Issues: Whether the trial was conducted fairly and whether the absence of counsel during critical stages prejudiced the accused's rights. (Paras 10, 35)
Ratio Decidendi: The court held that the right to a fair trial includes the right to effective legal representation, and procedural lapses undermined the integrity of the trial, necessitating a retrial. (Paras 10, 35)
Result: Appeals allowed; conviction and sentence set aside; matter remanded for retrial. (Paras 35, 36)
Legal Category Hierarchy
- crime and sentencing
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constitutional law
-
fundamental rights
- right to fair trial (Para 10)
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fundamental rights
- practice and procedure
Table of Contents
2. Challenge to the validity of conviction and the imposition of capital punishment based on procedural lapses and denial of a fair trial. (Para 6 )
3. Trial marred by inadequate legal representation, improper recording of accused's statement, summary rejection of witness recall, and failure of the court to ensure a fair trial. (Para 12 , 13 , 16 , 17 , 21 , 24 , 25 , 27 , 28 , 31 , 34 )
4. A conviction resulting from an unfair trial, characterized by ineffective legal aid and procedural irregularities, violates the constitutional guarantee of a fair trial under Article 21. (Para 10 )
5. Conviction and sentence set aside — Matter remanded for fresh trial from the stage of framing charges. (Para 35 )
6. What constitutes a fair trial under Article 21 of the Constitution of India?
A fair trial requires a just investigation, an impartial judge, a fair prosecutor, and an atmosphere of judicial calm. It is a triangulation of the rights of the accused, the victim, and the community, ensuring that injustice is avoided without ignoring the procedural commands of the CrPC. (Para 10 )
7. What is the role of a Trial Court in ensuring the administration of justice?
The Trial Court must be an active participant in the search for truth, not a mute spectator or recording machine. It must ensure that neither the prosecution nor the defense plays truancy and that all material witnesses are examined to reach a correct conclusion. (Para 15 , 16 )
8. When can a court exercise its power to recall witnesses under Section 311 CrPC?
The court has a duty to summon or recall any witness if their evidence appears essential to the just decision of the case. This power is wide and should be exercised judiciously to ensure that a failure of justice does not occur due to mistakes by either party. (Para 30 )
9. What are the requirements for recording the statement of the accused under Section 313 CrPC?
The Trial Court must put each material circumstance appearing in the evidence against the accused specifically, distinctively, and separately. Failure to do so is a serious irregularity that vitiates the trial if it is shown to have prejudiced the accused. (Para 32 )
ORDER :
SANJAY KAROL, J
1. These appeals arise out of judgment and order dated 1st October 2018 passed by the High Court of Judicature at Allahabad in Capital Case No.2611 of 2017 and Reference No.05 of 2017. The impugned judgment of the High Court confirmed the judgment of conviction dated 28th February 2017, and the sentence of capital punishment imposed vide judgment dated 1st March 2017 upon the appellant by the Additional Sessions Judge, Mainpuri in Sessions Trial No.377/2014, titled State v. Sovaran Singh, under Sections 302 and 201 of Indian Penal Code 18601[for short ‘IPC 1860’].
FACTS AND PREVIOUS PROCEEDINGS
2. Brief Facts, as allegedly set out by the prosecution, are that in the intervening night of 29th - 30th of June 2014, the appellant returned home in an inebriated state, also carrying two bottles of liquor which he then consumed along with his father. Sometime later, a quarrel ensued between them which led to the appellant slapping his father, who was, as a result, injured in his ear. Thereafter, he demanded money from his wife Mamta to procure more liquor which she denied. As such he trashed, abused and eventually killed her. He also killed his daughter Sapna who was twelve years old. Resultantly, FIR No.128 of 2014 was registered under Section 302 IPC at P.S. Karhal, District Mainpuri. With the completion of the investigation, challan was presented in the Trial Court and the appellant herein was put to trial.
3. Post-Mortem conducted by Dr. Rajesh Kumar Mishra (PW-3), found the following injuries on both the deceased persons, as recorded by the High Court in the impugned judgment:
“4. P.W. 3 Dr. Rajesh Kumar Mishra conducted post-mortem on dead body of Mamta on 30.6.2014 at 4.25 PM. On external examination, Doctor found her slim and weak with 146 cm height and 39.700 Kg in weight. Rigor mortis found present in lower segment of body; eyes were half closed, mouth open, nail in-tact and bleeding from nose and ear was noticed. P.W. 3 found following ante mortem injuries on her person:
"1. Abrasion 3 cm x 2 cm on right side forehead, 1 cm above eye brow, blackening present
2. Abrasion 3 cm x 4 cm just below right eye, blackening present.
3. Abrasion 5 cm x 4 cm on left side of left eye, blackening present. 4. Blood through nose and both ears.
5. Abrasion 6 cm x 3 cm on right side of neck, 1 cm below right mandible.
6. Abrasion 3 cm x 2 cm over anterior aspect of right shoulder, blackening present.
7. Abrasion 5 cm x 3 cm on right side of chest, 5 cm below left nipple.
8. Lacerated wound 5 cm x 3 cm on left side of vagina, exposing uterus and bladder."
5. On internal examination, right eye was black; lips were swollen and black in colour; tongue inside mouth; ecchymosis present in neck muscles; hyoid left corner fractured; weight of right lung 340 gm (Pale) and left 320 gm; both chambers of heart empty; blood present in peritonial cavity; stomach contained about 150 gm semi digested food matter; small intestine contained semi digested food particles and large intestine contained faecal matter and gases; liver was lacerated 5 cm and pale; spleen weighed 150 gm and pale; kidneys-pale, right kidney weighed 150 gm and left 130 gm, urinary bladder and urethra were ruptured. In the opinion of Doctor, about one day has passed since the death. Cause of death was due to acute haemorrhagic shock as a result of ante mortem injuries, causing internal bleeding. Postmortem report prepared by P.W. 3 is Ex. Ka. 2.
6. The same Doctor, P.W. 3 examined dead body of deceased Sapna at about 04:40 PM on 30.06.2014. According to him, deceased was aged about 12 years, 22.400 kg in weight. Rigor mortis was present; eyes and mouth closed and lips swollen. He found following ante mortem injuries on her person.
“1. Face and fore head swollen, right black eye.
2. Abrasion 6 cm x 4 cm on right side of face, 2 cm anterior to right ear.
3. Lips swollen and teeth mark laceration in inner side of lips.
4. Abrasion 5 cm x 3 cm on left side of face anterior to left eye
