1998 Brij Bihari Prasad murder case: SC rejects Munna Shukla plea seeking time to surrender

Patna (Bihar) [India], October 16 : The Supreme Court on Wednesday rejected the former Bihar legislator Munna Shukla's plea seeking time to surrender in the 1998 Brij Bihari Prasad murder case. A bench led by Justice Sanjiv Khanna dismissed the plea by Vijay Kumar Shukla alias Munna Shukla.
On October 3 the Supreme Court upheld the trial court order convicting and awarding life imprisonment to former MLA and RJD leader Vijay Kumar Shukla alias Munna Shukla and one other accused in connection with the 1998 murder of former minister Brij Bihari, while acquitted six others.
Munna Shukla and Mantu Tiwari have been asked to surrender within 15 days to the concerned jail authorities/court to serve the remainder of their respective sentences, while former parliamentarian Surajbhan Singh and six others have been acquitted for lack of evidence.
"In case of failure to surrender, the authorities shall take appropriate measures to arrest and detain them under law," the top court clarified in its October 3 order.
The trial court in 2009 sentenced the eight accused to life imprisonment. But the Patna High Court in 2014 acquitted them for lack of evidence. An apex court bench of justices Sanjiv Khanna, Sanjay Kumar and R Mahadevan delivered the verdict on October 3, which brought relief to Surajbhan Singh, and partially upheld the Patna High Court decision acquitting six accused.
"In so far as Suraj Bhan Singh, Mukesh Singh, Lallan Singh, Ram Niranjan Chaudhary, and Rajan Tiwari are concerned, we give them benefit of doubt and uphold their acquittal," the top court said.
"The conviction and sentence awarded to Mantu Tiwari and Vijay Kumar Shukla alias Munna Shukla by the trial court under Sections 302 and 307 read with Section 34 of the IPC are affirmed and restored," it added.
On August 22, the Supreme Court reserved the order on the appeals filed by Brij Bihari Prasad's wife Rama Devi and the Central Bureau of Investigation (CBI). Rama Devi and the CBI have challenged the Patna High Court decision in 2014 whereby it acquitted the accused for lack of evidence.
On October 3, the top court found that the charge under Section 302 (murder) read with Section 34 of the IPC against Mantu Tiwari and Munna Shukla for the murders of Brij Bihari Prasad and Lakshmeshwar Sahu is proven and established beyond reasonable doubt. It also held the charge under Section 307 read with Section 34 of the IPC against Mantu Tiwari and Munna Shukla for attempting to murder is proven and established beyond a reasonable doubt.
"Consequently, Mantu Tiwari and Vijay Kumar Shukla alias Munna Shukla shall have to undergo imprisonment for life," the top court said. The court also slapped a fine of Rs 40,000 on both convicts.
The top court said that regarding the question of conspiracy and the evidence against Suraj Bhan Singh, Mukesh Singh, Lallan Singh, and Ram Niranjan Chaudhary, there is no direct ocular evidence implicating them.
"Since the charge of conspiracy is not substantiated," the court said.
"We will not interfere with the judgment of the High Court acquitting them (six accused), and they are entitled to the benefit of the doubt," the court added.
Rama Devi and the CBI have challenged the Patna High Court decision in 2014 whereby it acquitted the accused for lack of evidence. Eight accused including former MP Surajbhan Singh, former legislators Vijay alias Munna Shukla, and Rajan Tiwari were acquitted by the Patna High Court.