Supreme Court of India

Harendra Rai v. The State of Bihar and Ors.

Neutral citation
Reported as [2023] 11 S.C.R. 583
Bench Sanjay Kishan Kaul, Abhay S. Oka and Vikram Nath JJ.
Decided 1 September 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

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 fi ne awarded above i.e.

Judgment, page 4

From the headnote

Issue for consideration: In a murder case, the acquittal of respondent no.2 recorded by Trial Court and the High Court having been reversed and respondent no.2 having being convicted u/ss.302 and 307 IPC by the Supreme Court by an earlier judgment, now the issue for consideration was the sentence to be imposed upon respondent no.2. Sentence / Sentencing – Murder – Conviction vide earlier judgment ([2023] 11 S. .R. 403) – Death sentence not appropriate on facts, and as such imprisonment for life awarded alongwith fi ne – However, fi ne awarded to be paid as damages – Also, compensation awarded

Where later benches applied it

Of those, 1 referred to

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