RAJ BALA versus STATE OF HARYANA & ORS. ETC. ETC.

RAJ BALA versus STATE OF HARYANA & ORS. ETC. ETC.

The High Court's reduction of sentence to time already undergone for conviction under Section 306 IPC was unjustified. Once the offence is proved, the punishment should be adequate, and the trial court's sentence of three years rigorous imprisonment and fine is restored. In absence of appeal challenging quantum of sentence, court cannot alter trial court's sentence further.

Parties
Appellant: Raj Bala; Respondents: State of Haryana & Ors.
Jurisdiction
India
Judgment Date
18 August 2015
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Reducing Sentence
Outcome
Appeal allowed regarding reduction of sentence; sentence by trial court restored. Appeal challenging revision order dismissed.
Legal Topics
Sentencing, Principle of Proportionality, Abetment of Suicide
Criminal Law Sentencing Principle of Proportionality Abetment of Suicide

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Parties

Raj Bala

Appellant

State of Haryana & Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Reducing Sentence

Legal Issues

  1. 1 Whether reduction of sentence by the High Court for conviction under Section 306 IPC was justified
  2. 2 Appropriate quantum of sentence for abetment of suicide

Ratio Decidendi

The High Court's reduction of sentence to time already undergone for conviction under Section 306 IPC was unjustified. Once the offence is proved, the punishment should be adequate, and the trial court's sentence of three years rigorous imprisonment and fine is restored. In absence of appeal challenging quantum of sentence, court cannot alter trial court's sentence further.

Court Disposition

Appeal allowed regarding reduction of sentence; sentence by trial court restored. Appeal challenging revision order dismissed.

Orders

  • Judgment of conviction and order of sentence by trial Judge restored.
  • Respondent nos. 2 to 4 to be taken into custody forthwith to undergo remaining part of their sentences.