Ravinder Singh Vs. State of Haryana & Ors.
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Head Note
Criminal Laws - Criminal Trial
Conviction - Sentence - Adequacy of - Question of sentence is always a difficult task requiring balancing of various considerations - It is a matter of discretion to be exercised on consideration of circumstances aggravating and mitigating in the individual cases - A reasonable proportion has to be maintained between the seriousness of the crime and the punishment - Though sentence disproportionately severe should not be passed yet that does not clothe the court with an option to award the sentence manifestly inadequate - Justice demands that courts should impose punishment befitting the crime so that the courts reflect public abhorrence of the crime.
Indian Penal Code,1860 - Section 304
Section 304 Part II - Sentence - Reduction in Sentence - Compensation - Challenge as to - Two accused were the students at the time of the incident while another accused has crossed the age of 72 years (since died) - Occurrence was in the year 1993 - More than 22 years have elapsed from the date of the incident - For the conviction under Section 304 Part II IPC read with Section 149 IPC reduction of sentence from seven years to the period already undergone held to be inadequate - At this distant point of time Court not inclined to interfere with the exercise of discretion by the High Court in reducing the sentence of imprisonment from seven years to the period already undergone by each of the accused - As far as the award of compensation is concerned, particularly in the case of homicidal death, monetary benefits cannot be equated with the life of a person and the society's cry for justice - Object is just to mitigate hardship that is caused to the deceased - Fine amount of Rs. 25,000/- imposed on each accused enhanced to Rs. 1,25,000/-.
Topic(s)-Reduction in Sentence - Compensation enhanced