28 Aug 2023 8:39 AM GMT
The Supreme Court on Friday (25.08.2023) permitted former Member of Parliament (MP) and Rashtriya Janata Dal (RJD) leader Prabhunath Singh who was convicted in a double murder case of 1995 by the Apex Court on 18th August 2023 to appear virtually to be heard on the question of his sentence.
In its judgment dated 18th August, the Court had directed Singh be produced before the Court on 01.09.2023 by the Secretary, Department of Home, State of Bihar and the Director General of Police, Bihar. However, on an application by Singh, the order was modified.
A bench Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia permitted Singh to appear virtually before the Court on 01.09.2023.
The Court recently convicted Singh in the double murder case of 1995, reversing his acquittal granted by the trial court and confirmed by the Patna High Court. Singh, who was contesting elections as a candidate of the Bihar People's Party (BPP) then, was accused of murdering two persons near a polling booth in Chhapra in March 1995 for not voting as per his suggestion.
In a strongly worded judgment, the Supreme Court called the trial "shabby" and the investigation "tainted", which showed the "highhandedness of the accused-Respondent no.2, who was a powerful person, being a sitting M.P. of the Ruling Party".
In 2008 a Patna court had acquitted Singh citing lack of evidence. The acquittal was later upheld by the Patna High Court in 2012. Consequently, the brother of one of the victims challenged the acquittal in the Supreme Court.
The judgment was delivered by a bench of Justice Sanjay Kishan Kaul, Justice Abhay S Oka, and Justice Vikram Nath.
“Prabhunath Singh (accused no.1) is thus liable to be convicted under Sections 302 and 307 IPC for committing culpable homicide amounting to murder and attempt to murder.” the Apex Court judgment stated.
Pointing out several lapses in the trial, the Apex Court called the case "an exceptionally painful episode of our Criminal Justice System.”