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2023 Supreme(SC) 854

SANJAY KISHAN KAUL, ABHAY S. OKA, VIKRAM NATH
Harendra Rai – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellant(s) :Mr. Abhay Kumar, AOR Mr. Shagun Ruhil, Adv. Mr. Rajat Khattry, Adv. Ms. Kusum Pandey, Adv. Mr. Saurabh Mishra, Adv. Ms. Neetu Jain Gautam, Adv. For the Respondent(s): Mr. Devashish Bharuka, AOR Ms. Sarvshree, Adv. Mr. Shobhit Dvivedi, Adv. Ms. Swati Mishra, Adv. Mr. R. Basant, Sr. Adv. Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. Neeraj Shekhar, Adv. Mr. Sunny Choudhary, AOR

JUDGMENT :

VIKRAM NATH, J.

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[IPC]. By the same order it 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


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