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2012 Supreme(SC) 216
2012 (3) Supreme 270
SUPREME COURT OF INDIA
(Dalveer Bhandari & Dipak Misra, JJ.)
Labh Singh & Ors. — Appellant(s)
versus
State of Haryana & Anr. — Respondent(s)
Criminal Appeal No. 523 of 2012 (Arising out of SLP(Crl.) No.7719/2009)
Decided on 12-03-2012
Important Points
A total view considering all factors should be taken while sentencing.
Subject
Criminal Law - Sentencing
Act Referred
Headnote
Facts of the case:
After 27 years of the incidents accused, now 72 and 62 years old, sentenced.
Finding of the Court:
At this sending the accused to jail is not justified.
Result : Sentence reduced to period undergone with direction to pay compensation to the injured.
ORDER
1. Leave granted.
2. We have heard the learned counsel for the parties.
3. According to the impugned judgment passed by the High Court, appellant No.1 is more than 82 years of age and appellant Nos.2 & 3 are 72 and 62 years of age respectively.
4. This is an incident of 1985. The appellants have already undergone part of the sentence. Sending them to jail after a lapse of about 27 years, in the facts and circumstances of this case, would not be justified.
5. On a consideration of the totality of the facts and circumstances of this case, we are of the opinion that ends of justice would meet if we direct each of the appellants to pay Rs.1 lakh to the complainant/injured persons. We direct accordingly. Let the amount be deposited before the Trial Court within two weeks from today and after the amount is deposited, the Trial Court shall disburse the amount equally among the injured persons.
6. Consequently, the sentence of the appellants is reduced to the period already undergone by them, the impugned judgment is modified to the aforementioned extent and the appeal is partly allowed.
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