Harendra Rai vs The State of Bihar and Ors.

Court

Supreme Court of India

Date

1 September 2023

Case No.

Criminal Appeal No. 1726 of 2015

Result

Disposed

Bench

Sanjay Kishan Kaul, Abhay S. Oka, Vikram Nath

Citation

[2023] 11 S.C.R. 583 : 2023 INSC 806

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.

Headnote

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]

OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT VIKRAM NATH, J. 1. The acquittal of respondent no.2 recorded by the Trial Court and the High Court was reversed vide judgment dated August 18, 2023 and respondent no.2 was convicted under Section 302 and 307 of the Indian Penal Code, 18601. By the same order it was directed to take respondent IPC no.2 into custody and produce him today in Court for being heard on sentence. 2. Crl.M.P.No.169246 of 2023 was filed by respondent no.2 with a prayer to permit him to appear virtually considering his health conditions and that he was already undergo

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