SURESH SINGH AND ANR. versus STATE OF HARYANA

SURESH SINGH AND ANR. versus STATE OF HARYANA

Sentence for appellants convicted under Section 304 (Part II) read with Section 149 IPC is reduced from seven years to five years rigorous imprisonment; conviction is sustained, but a liberal view is justified as neither was convicted for the substantive offence and mitigating factors warrant reduction.

Source-derived case information.

Parties
Appellant: Suresh Singh; Appellant: Jagbir Singh; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
01 October 2007
Procedural Posture
Criminal Appeal / Final Disposition by Supreme Court
Outcome
Partly allowed
Legal Topics
Sentencing, Vicarious Liability, Unlawful Assembly, Culpable Homicide
Criminal Law Sentencing Vicarious Liability Unlawful Assembly Culpable Homicide

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Parties

Suresh Singh

Appellant

Jagbir Singh

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether the sentence imposed under Section 304 (Part II) read with Section 149 IPC should be reduced for appellants convicted with the aid of Section 149 IPC and not for substantive offence under Section 304 (Part II) IPC

Ratio Decidendi

Sentence for appellants convicted under Section 304 (Part II) read with Section 149 IPC is reduced from seven years to five years rigorous imprisonment; conviction is sustained, but a liberal view is justified as neither was convicted for the substantive offence and mitigating factors warrant reduction.

Court Disposition

Partly allowed

Orders

  • Conviction for Section 304 (Part II) read with Section 149 IPC is maintained
  • Appellants ordered to undergo rigorous imprisonment for five years instead of seven years