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
1 IPC
Charanjeet Kaur
was directed to take respondent 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
undergoing life sentence in another murder
case. Crl.M.P. is allowed. Respondent no.2
is present virtually from jail and is duly
represented by his counsel.
3 We have heard learned counsel for the
parties.
4 Considering the facts and circumstances of
the case and the findings recorded by us
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 we award
imprisonment for life 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. Distribution of fine will be
indicated a little later. Both the sentences to
run concurrently.
5 The fine has been awarded of the magnitude
referred to above considering the shocking
facts and circumstances of the case which
have been considered in detail and findings
recorded in the judgment dated August 18,
2023.
6 Section 357 of the Code of Criminal
Procedure, 19732 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. We
are 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
2 CrPC
application, however, under clause (c)
considering the conduct of accused no.2,
further the mental, physical, and financial
damages suffered by the victim’s family, the
two deceased and the injured, we direct that
the fine awarded to be paid as damages in
the following manner:
a) We award damages of Rs.10 lacs each to
the legal heirs of two deceased Rajendra
Rai and Daroga Rai. The Trial Court will
get a preliminary enquiry conducted with
regard to the legal heirs of the two
deceased and the amount will be
disbursed to the legal heirs as per the law
of Succession.
b) Similarly, the amount of fine awarded
under section 307 IPC of Rs.5 lacs would
be disbursed in the same manner by the
Trial Court to the victim if she is alive
and if not, to her legal heirs.
7 Considering the conduct of the State as
noticed in the judgment dated August 18,
2023 and also the amount of trauma and
harassment faced by the victim’s family, we
are of the view that in addition to the
damages awarded under section 357 CrPC
further compensation be awarded under
section 357-A CrPC. The State of Bihar will
compensate the legal heirs of the two
deceased and the injured if alive otherwise
her legal heirs in the like amount of the fine
awarded above i.e. Rs.10 lacs each to the
legal heirs of the deceased Rajendra Rai and
Daroga Rai and Rs.5 lacs to the injured Smt.
Devi or her legal heirs, as the case may be.
The amount so deposited will be disbursed
in the same manner as provided above for
disbursement of the damages under section
357 CrPC.
8 Amount of fine and compensation as
awarded above to be deposited with the Trial
Court within two months from today failing
which the same shall be got recovered as
arrears of land revenue by the Trial Court.
Appeal stands disposed off as above.
9 Compliance report to be submitted by the
Trial Court to this Court within four
months. Registry to circulate the compliance
report if filed, and if not filed within the time
allowed, the matter may be listed with office
report for directions.
[VIKRAM NATH] New Delhi September 01, 2023