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Harendra Rai vs. The State of Bihar & Ors. (2023 INSC 806)

Criminal Appeal · 2023 INSC 806Decided 1 Sept 2023
Criminal Appeal No. 1726 of 2015
Sanjay Kishan Kaul · Abhay S. Oka · Vikram Nath

Background

In an earlier judgment dated August 18, 2023, this Bench had reversed the Trial Court's and High Court's acquittal of respondent no. 2 and convicted him under Sections 302 (murder) and 307 (attempt to murder) of the Indian Penal Code, arising from a 1995 incident. That earlier order had directed the convict to be taken into custody and produced before the Court on sentencing day. Respondent no. 2, citing health issues and the fact that he was already serving a life sentence in another murder case, was permitted to appear virtually from jail for the sentencing hearing.

Decision Breakdown

The Court, considering that the incident was nearly 28 years old, held that a death sentence was not appropriate and instead sentenced respondent no. 2 to life imprisonment with a fine of Rs. 20 lakh under Section 302, and 7 years' rigorous imprisonment with a fine of Rs. 5 lakh under Section 307, both sentences to run concurrently. Rather than let the fine go toward prosecution expenses, the Court, noting that the State had not prosecuted the case fairly and had instead "assisted the accused", directed the entire fine be paid as damages under Section 357 CrPC: Rs. 10 lakh each to the legal heirs of the two deceased, and Rs. 5 lakh to the surviving injured victim (or her heirs). Separately, invoking Section 357-A CrPC, the Court additionally directed the State of Bihar to pay matching compensation amounts to the same victims/heirs, with compliance to be reported to the Trial Court within two months and a compliance report to this Court within four months.

Lesson Learnt

Courts can use fine amounts imposed in criminal sentencing, together with separate state compensation schemes (Section 357 and 357-A CrPC), to ensure real monetary relief reaches victims' families rather than merely defraying prosecution costs, especially where the Court finds the prosecuting state machinery itself failed the victims.

Official source (sci.gov.in)View Judgment (PDF)

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