Summary
Following its earlier judgment reversing acquittal, the Court imposed life imprisonment for murder and seven years’ rigorous imprisonment for attempted murder, concurrently, with fines totalling Rs 25 lakh for the victims’ families. It also directed Bihar to pay a matching Rs 25 lakh in compensation, considering the State’s conduct and the family’s trauma. This was the sentencing order, not a fresh determination of guilt.
Issues
- What sentences and fines should follow the convictions already recorded.
- How fine proceeds and additional State-funded compensation should be distributed and enforced.
Provisions considered
- Sections 302 and 307, Indian Penal Code, 1860The Court sentenced the already convicted respondent to concurrent life imprisonment and seven years’ rigorous imprisonment, with separate fines. (¶¶ 1, 4, 5)
- Section 357, Code of Criminal Procedure, 1973Fine proceeds were directed to victims and legal heirs rather than prosecution expenses, in view of the State’s failure to prosecute fairly. (¶ 6)
- Section 357A, Code of Criminal Procedure, 1973An additional matching compensation obligation was imposed on Bihar in the circumstances of the State’s conduct and the victims’ suffering. (¶¶ 7, 8)
Held
- Having regard to the case’s circumstances and the twenty-eight-year interval since the incident, death was inappropriate; life imprisonment for murder and seven years’ rigorous imprisonment for attempted murder were ordered concurrently, with fines of Rs 20 lakh and Rs 5 lakh respectively. (¶¶ 4, 5)
- From the fines, Rs 10 lakh each was allocated to the legal heirs of the two deceased and Rs 5 lakh to the injured woman, or her legal heirs if she had died. The trial court was to inquire into heirs and distribute according to succession law. (¶ 6)
- Bihar was additionally directed to pay the same respective sums under Section 357A, reflecting the State’s conduct and the trauma and harassment suffered. These sums were additional to the offender’s fine-funded damages. (¶ 7)
Result
Appeal disposed of on sentence. Offender’s fines and matching State compensation to be deposited with trial court within two months, failing which recover as land-revenue arrears. Trial court to submit compliance report within four months; Registry to circulate it or list non-compliance for directions.