SURESH &ANR. versus STATE OF HARYANA

SURESH &ANR. versus STATE OF HARYANA

Conviction is justified on basis of recovery of dead bodies and personal belongings of the deceased at the instance of accused, and failure of accused to explain facts within their exclusive knowledge as required by s.106 Evidence Act is an additional circumstance against them. Denial of interim compensation by High Court was not justified; State must pay compensation under s.357A CrPC.

Parties
Appellant: Suresh & Anr.; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
28 November 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Kidnapping, Murder, Conspiracy, Compensation to Victims, Evidence—section 106, Sentencing
Criminal Law Kidnapping Murder Conspiracy Compensation to Victims Evidence—section 106 Sentencing

Case Brief

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Parties

Suresh & Anr.

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction of the appellants for kidnapping and murder was justified based on evidence?
  2. 2 Whether failure to explain facts within exclusive knowledge of accused is an adverse circumstance under Evidence Act, s.106?
  3. 3 Whether denial of interim compensation to the victim's family was justified under CrPC s.357A?

Ratio Decidendi

Conviction is justified on basis of recovery of dead bodies and personal belongings of the deceased at the instance of accused, and failure of accused to explain facts within their exclusive knowledge as required by s.106 Evidence Act is an additional circumstance against them. Denial of interim compensation by High Court was not justified; State must pay compensation under s.357A CrPC.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appellants to be taken into custody for remaining sentence.
  • State of Haryana to pay interim compensation of Rs. 10 lakhs to family of the deceased, payable by Haryana State Legal Services Authority within one month.