Supreme Court Sets Aside Murder Convictions, Holds Prosecutor Must Assist Court

Supreme Court Sets Aside Murder Convictions, Holds Prosecutor Must Assist Court

The Supreme Court overturned the convictions in a murder case after finding major procedural lapses during the trial.

The accused were not properly examined under Section 313 CrPC, with questions being identical and generic, preventing them from responding to the actual allegations.

The Court criticised the prosecution for its lax conduct, noting that prosecutors must act independently and cannot abandon their duty to assist the Court in the desire to secure a conviction. Procedural lapses must be highlighted to the trial court to ensure fairness.

It emphasised that the prosecution has a solemn duty to monitor the trial process, assist in framing proper questions under Section 313, and prevent any defects that may prejudice the accused.

[Chandan Pasi & Ors. v. State of Bihar]

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