Supreme Court of India set aside Bombay High Court order discharging the accused in the Loharia murder case, thereby reviving prosecution against Navi Mumbai builder Sumeet Bachewar.
Facts of the Case
Accused were charged for murder by the police under section 302 of the Indian Penal Code on the basis of statements recorded by it under section 161 of the Code of Criminal Procedure, 1908. Two sets of evidence were available with the prosecution. First was a statement given by the deceased to an auto-rickshaw driver and employee of deceased while being taken to the hospital for treatment. Accused mentioned the name of Suresh Bijlani and Anurag Shivmohan Garg. The second set of evidence is
Senior Counsel Mrs Indira Jai Singh appearing for respondents relying on a judgment of Supreme Court namely Yogesh alias Sachin Jagdish Joshi v.
The Full Bench of Justice Ranjan Gogoi, Justice Navin Sinha, Justice K.M Joseph after listening to both the sides felt that decision of discharging the accused taken by Bombay High Court was ‘premature’ and accordingly set aside the impugned order. The Full Bench rejected the contention of Senior Lawyer Indira Jai Singh said that since the evidence is analyzed weighed and appreciated without checking the authenticity of the two versions in cross-examination it cannot be said that there are two possible views of the matter. Therefore,
“Appreciation of evidence is an exercise that High Court, in our considered view, could not have undertaken at this stage of consideration of the application for discharge. But this is what precisely what High Court appears to have been done.” Last but not the least, Court made it clear that their interference with High Court order will is in no way expression of opinion on the merits of rival contentions which will naturally have to be considered at the trail.