HARI KISHAN & ANR. versus SUKHBIR SINGH & ORS.

HARI KISHAN & ANR. versus SUKHBIR SINGH & ORS.

The accused had no intention to commit murder and occurrence was a sudden flare up; conviction under s. 307 not called for. Benefit of probation appropriate for such offenders. Compensation to victim is warranted under s. 357 CrPC and should be reasonable; compensation enhanced to Rs. 50,000.

Parties
Appellant: Hari Kishan; Respondent: Sukhbir Singh; Respondent: Sukhpal Singh; Respondent: Surat Singh; Respondent: Om Pal; Respondent: Dhan Pal; Respondent: Mannu; Respondent: Siri Chand; Victim: Joginder
Jurisdiction
India
Judgment Date
25 August 1988
Procedural Posture
Criminal Appeal / Final Judgment
Outcome
appeals disposed of; modification only to extent of compensation
Legal Topics
Compensation to Victims, Probation of Offenders, Interpretation of Section 307 IPC
Criminal Law Compensation to Victims Probation of Offenders Interpretation of Section 307 IPC

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hari Kishan

Appellant

Sukhbir Singh

Respondent

Sukhpal Singh

Respondent

Surat Singh

Respondent

Om Pal

Respondent

Dhan Pal

Respondent

Mannu

Respondent

Siri Chand

Respondent

Joginder

Victim

Procedural Posture

Criminal Appeal / Final Judgment

Legal Issues

  1. 1 Whether the accused are guilty under section 307/149 IPC
  2. 2 Whether the accused should be extended benefit of probation and released on good conduct
  3. 3 Whether the compensation awarded to Joginder is adequate

Ratio Decidendi

The accused had no intention to commit murder and occurrence was a sudden flare up; conviction under s. 307 not called for. Benefit of probation appropriate for such offenders. Compensation to victim is warranted under s. 357 CrPC and should be reasonable; compensation enhanced to Rs. 50,000.

Court Disposition

appeals disposed of; modification only to extent of compensation

Orders

  • Compensation to Joginder enhanced to Rs.50,000 to be paid within two months in equal proportions by the respondents.
  • Other aspects of High Court order are undisturbed.