1998 Brij Bihari Prasad Murder Case: SC Upholds Conviction of ex-Bihar MLA Munna Shukla and Mantu Tiwari

While hearing the 1998 Brij Bihari Prasad murder case today (October 03, 2024), the Supreme Court (SC) of India upheld the conviction and life sentence of 2 accused, ex-Bihar MLA Munna Shukla and Mantu Tiwari. The bench was hearing pleas against the acquittal of MP Surajbhan Singh, Munna Shukla, and others in the murder case. The matter was heard by Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice R Mahadevan. The SC bench said, “We have accepted that the charge under Section 302...34 (IPC) has been established against Mantu Tiwari and Vijay Kumar Shukla...charge under Section 307 is also established against both of them (for attempt to murder)...others, we have given the benefit of doubt and not interfered with the judgment of acquittal. We have said that they will undergone life imprisonment for Section 302...fine of Rs. 20,000...as far as offence under Sections 307/34 are concerned, they will undergo imprisonment for 5 years...fine of Rs. 20,000...The sentences will run concurrently. Benefit of Section 428 CrPC will apply. As default punishment was not imposed by the trial court, we direct that in the case of non-payment, they shall undergo rigorous imprisonment for 6 months." Further, it asked 2 convicts, Munna Shukla and Mantu Tiwari, to surrender within 15 days. 

In 2014, the Patna HC said that after considering the prosecution evidence, Surajbhan Singh alias Suraj Singh, Mukesh Singh, Lallan Singh, Mantu Tiwari, Captain Sunil Singh, Ram Niranjan Choudhary, Shashi Kumar Rai, Munna Shukla, and Rajan Tiwari deserve grant of benefit of doubt. The HC set aside the trial court’s order that convicted them and awarded life sentence to all the accused. The HC’s decision was challenged by former BJP MP Rama Devi, wife of Brih Bihari Prasad, and the CBI. The matter was therefore mentioned before the top court. After hearing the matter, the SC partially set aside the Patna HC’s order and ordered conviction and life sentence for 2 accused in the murder case, telling them to surrender within 15 days.