Featured image for Supreme Court Judgment dated 24-02-2019 in case of petitioner name Deep Narayan Chourasia vs State of Bihar
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Supreme Court Sets Aside Conviction of Deep Narayan Chourasia and Orders Rehearing in Murder Case

The case of Deep Narayan Chourasia vs. State of Bihar revolves around the alleged murder of Kaushalya Devi on February 6, 1992, in which five accused were tried. While the Trial Court had acquitted four accused of murder and convicted them only under the Arms Act, the High Court erroneously convicted all five accused under Section 302/149 IPC. The Supreme Court, in its judgment, found fundamental errors in the High Court’s ruling and set aside the conviction, ordering a rehearing of the case.

Background of the Case

On February 6, 1992, Kaushalya Devi was murdered in an alleged conspiracy involving five individuals:

  • Kanhai Prasad Chourasia
  • Lukho Prasad Chourasia
  • Birendra Prasad Chourasia
  • Binod Prasad Chourasia
  • Deep Narayan Chourasia

The prosecution accused them of being part of an unlawful assembly that carried out the killing using firearms. The accused were tried under Section 302/149 IPC (murder with unlawful assembly) and Section 27 of the Arms Act.

Trial Court Verdict

The Additional Sessions Judge in Munger delivered the following judgment on February 8, 1994:

  • Kanhai Prasad Chourasia was convicted for murder under Section 302 IPC and sentenced to life imprisonment. He was also convicted under Section 27 of the Arms Act and sentenced to seven years’ rigorous imprisonment.
  • The remaining four accused—Lukho Prasad Chourasia, Birendra Prasad Chourasia, Binod Prasad Chourasia, and Deep Narayan Chourasia—were acquitted of murder but convicted under Section 27 of the Arms Act, each receiving a five-year rigorous imprisonment sentence.

The convicted individuals filed two appeals in the Patna High Court:

  • Criminal Appeal (DB) No. 112/1994 by Kanhai Prasad Chourasia, challenging his murder conviction.
  • Criminal Appeal (DB) No. 77/1994 by the other four accused, contesting their conviction under the Arms Act.

High Court’s Erroneous Judgment

The High Court of Patna heard both appeals together and delivered a common judgment on November 14, 2017. However, the Supreme Court later identified critical errors in the High Court’s ruling:

  • The High Court wrongly assumed that all five accused were convicted under Section 302/149 IPC and overlooked the fact that the Trial Court had acquitted four accused of murder.
  • The High Court erroneously convicted all four acquitted accused under Section 302/149 IPC, despite no appeal from the State challenging their acquittal.
  • There was no notice of enhancement issued to the four accused before convicting them under a graver offense.
  • The High Court failed to assign a sentence after wrongly convicting the four accused under Section 302/149 IPC.

Supreme Court’s Ruling

The Supreme Court, led by Justices Abhay Manohar Sapre and Dinesh Maheshwari, ruled that the High Court committed fundamental jurisdictional errors and had misdirected itself. The Court held:

“The High Court proceeded on the wrong factual premise that all the five accused had suffered conviction under Section 302/149 IPC. The High Court erroneously convicted four accused under Section 302/149 IPC without any appeal by the State and without issuing any notice for enhancement.”

Furthermore, the Supreme Court observed that the principles of justice necessitate that an error once identified cannot be allowed to stand for non-appealing accused. The Court stated:

“An order based entirely on a wrong factual premise once held illegal by a superior court at the instance of one accused cannot be allowed to stand against other non-appealing accused persons also.”

Final Judgment

The Supreme Court set aside the High Court’s judgment entirely and restored both appeals to their original status before the Patna High Court for rehearing. The ruling included:

  • The conviction of Deep Narayan Chourasia under Section 302/149 IPC was set aside.
  • The case was remanded to the High Court for fresh consideration.
  • The Supreme Court directed that all four co-accused who did not appeal must also benefit from this ruling and be included in the rehearing.
  • The High Court was instructed to hear both appeals again and issue notices to the other four accused, allowing them a fair opportunity to defend themselves.

Additionally, the Supreme Court ordered the release of Deep Narayan Chourasia on bail, pending the fresh hearing of his appeal.

Legal Implications

The Supreme Court’s ruling in this case underscores the following principles:

  • Fair Trial: A court must not convict an individual under a graver offense without proper legal proceedings, especially in the absence of a prosecution appeal.
  • Judicial Oversight: High Courts must exercise diligence in reviewing lower court judgments to avoid fundamental errors.
  • Equal Justice: If a higher court finds a wrongful conviction, all similarly placed accused must receive the same benefit, even if they did not appeal.
  • Protection Against Unjustified Convictions: Convictions must be based on clear legal grounds, not assumptions or misinterpretations.

Conclusion

The case of Deep Narayan Chourasia vs. State of Bihar highlights the importance of judicial precision in criminal cases. The Supreme Court’s intervention corrected a grave error by the High Court, ensuring that justice prevails. This judgment reaffirms the necessity of adhering to legal principles and procedural safeguards to prevent wrongful convictions.


Petitioner Name: Deep Narayan Chourasia.
Respondent Name: State of Bihar.
Judgment By: Justice Abhay Manohar Sapre, Justice Dinesh Maheshwari.
Place Of Incident: Bihar.
Judgment Date: 24-02-2019.

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