Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 302 and 307 IPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Issue for consideration: In a murder case, the acquittal of respondent no.2 recorded by Trial Court and the High Court having been reversed and respondent no.2 having being convicted u/ ss.302 and 307 IPC by the Supreme Court by an earlier judgment, now the issue for consideration was the sentence to be imposed upon respondent no.2. Sentence / Sentencing – Murder – Conviction vide earlier judgment ([2023] 11 S.C.R. 403) – Death sentence not appropriate on facts, and as such imprisonment for life awarded alongwith fine – However, fine awarded to be paid as damages – Also, compensation awarded u/s.357-A CrPC – Code of Criminal Procedure, 1973 – ss. 357(c) and 357A – Penal Code, 1860 – ss.302 and 307. Held: Considering the facts and circumstances of the case and also taking into consideration the fact that the incident is of the year 1995, almost 28 years old, awarding death sentence would not be appropriate and as such imprisonment for life is awarded to respondent no.2 under Section 302 IPC along with fine of Rs.20 lacs. Further, respondent no.2 is awarded 7 years rigorous imprisonment under Section 307 IPC along with fine of Rs.5 lacs. Both the sentences to run concurrently. Section 357 of the Code of Criminal Procedure, 1973 provides that whenever fine is imposed as a sentence, the Court may while passing the judgment, order the whole or in part of the fine recovered to be applied as per clauses (a) to (d) of sub-section (1) thereof. Clause (a) provides for defraying the expenses incurred in the prosecution. This Court is not inclined to grant any such expenses to the State considering the fact that the State in fact did not prosecute the case fairly, rather throughout assisted the accused. Clause (b) and (d) also will have no CrPC application, however, under clause (c) considering the conduct of respondent no.2, further the mental, physical, and financial damages suffered by the victim’s family, the two deceased and the injured, the fine awarded be paid as damages. Considering the conduct of the State and also the amount of trauma and harassment faced by the victim’s family, in addition to the damages awarded under section 357 CrPC further compensation be awarded under section 357-A CrPC. [Paras 5, 6 and 7] |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2023 INSC 806 |
Petitioner | Harendra Rai |
Respondent | The State Of Bihar And Ors. |
SCR | [2023] 11 S.C.R. 583 |
Judgement Date | 2023-09-01 |
Case Number | 1726 |
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