JAGE RAM & ORS. versus STATE OF HARYANA

JAGE RAM & ORS. versus STATE OF HARYANA

Having regard to the weapon used, situs and severity of the blow, medical evidence, and corroborated testimony of injured witnesses, the conviction of the second accused under Section 307 IPC stands justified; the sentence is reduced to three years and substantial compensation is ordered, considering the fact the...

Source-derived case information.

Parties
Appellant: Jage Ram & Ors.; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
28 January 2015
Procedural Posture
Criminal Appeal / Supreme Court Appellate Judgment
Outcome
Appeal disposed of with modification
Legal Topics
Attempt to Murder, Sentencing, Compensation to Victim, Right of Private Defence
Criminal Law Attempt to Murder Sentencing Compensation to Victim Right of Private Defence

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Parties

Jage Ram & Ors.

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appellate Judgment

Legal Issues

  1. 1 Whether conviction of second accused under Section 307 IPC was justified
  2. 2 Whether evidence of injured witnesses was sufficiently corroborated
  3. 3 Whether defence of private defence was properly considered

Ratio Decidendi

Having regard to the weapon used, situs and severity of the blow, medical evidence, and corroborated testimony of injured witnesses, the conviction of the second accused under Section 307 IPC stands justified; the sentence is reduced to three years and substantial compensation is ordered, considering the fact the incident occurred over 20 years ago and the accused has been in custody for more than three years.

Court Disposition

Appeal disposed of with modification

Orders

  • Conviction of second accused Rajbir @ Raju under Section 307 IPC confirmed; sentence reduced to period already undergone (over three years)
  • Second accused Rajbir @ Raju ordered to pay Rs.7,50,000/- as compensation to injured witness Sukhbir