Supreme Court Sets Aside Discharge Order in Murder Case, Allows Trial to Proceed

New Delhi, May 18, 2023: In a significant development, the Supreme Court of India has set aside the order of the High Court of Judicature at Bombay in a murder case, allowing the trial to proceed. The judgment, delivered by Justices Rajesh Bindal and Abhay S. Oka, pertains to Criminal Appeal No. 1399 of 2023, filed by Captain Manjit Singh Virdi (Retd.) against Hussain Mohammed Shattaf and others.

The case revolves around the murder of Manmohan Singh Sukhdev Singh Virdi, a resident of Virdi’s Bungalow in Thombarewadi, Lonawala. The incident took place on May 14, 2006, and was registered as FIR No. 46 of 2006 at the Lonawala City Police Station. The victim’s body was discovered in his bedroom, lying in a pool of blood.

Captain Manjit Singh Virdi (Retd.), the appellant, challenged the order passed by the High Court of Judicature at Bombay on July 17, 2013. The High Court had set aside the order of the court below, which had dismissed the application for discharge filed by Respondent Nos. 1 and 2, namely Hussain Mohammed Shattaf and Waheeda Hussain Shattaf.

During the proceedings, the appellant’s counsel argued that the High Court conducted a mini-trial by referring to statements recorded by the police during the investigation, which exceeded the scope of jurisdiction at the stage of considering an application for discharge. The counsel contended that the High Court failed to give due consideration to the psychological evaluation, including psychological profiling, polygraph testing, and brain electrical oscillations signature profiling (BEOS) conducted on Respondent Nos. 1 and four other aides, which implicated them in the crime.

On the other hand, the counsel for Respondent Nos. 1 and 2 submitted that it was a blind murder case with no eyewitnesses. They argued that there was no enmity between Respondent Nos. 1 and 2 and the deceased, and that they had been falsely implicated in the case. They contended that the Trial Court had failed to exercise its jurisdiction to discharge the accused and that proceeding with the trial would amount to an abuse of the court’s process.

After hearing the arguments of both parties and examining the record and relevant papers, the Supreme Court referred to settled principles of law regarding the discharge of an accused. The Court emphasized that at the stage of hearing on the charges, the entire evidence produced by the prosecution is to be believed, and an accused can be discharged only if no offence is made out. The Court further clarified that the truthfulness, sufficiency, and acceptability of the material produced can be evaluated only at the stage of trial.

The Supreme Court observed that the High Court had failed to consider the evidence collected by the investigating agency in its entirety. The High Court selectively referred to certain statements of witnesses, while ignoring others, and did not adequately consider the results of psychological evaluation and profiling tests conducted on the accused and their aides. The Court noted that the selective consideration of evidence and the failure to evaluate the results of these tests indicated a lack of proper analysis and a non-application of mind by the High Court.

In light of these observations, the Supreme Court set aside the order of the High Court and allowed the trial to proceed. The Court held that the High Court had exercised its jurisdiction in a manner that scuttled the trial of a heinous crime, and that it was unjust to discharge the accused without proper consideration of the evidence collected.

This judgment emphasizes the importance of a  thorough evaluation of evidence at the stage of trial and the need to consider the results of scientific tests such as psychological evaluation and profiling. It highlights the Court’s commitment to ensuring a fair trial and upholding the principles of justice.

D.D- May 18, 2023

Captain Manjit Singh Virdi (Retd.) vs Hussain Mohammed Shattaf & Ors.