MANOHAR SINGH VERSUS STATE OF RAJASTHAN AND ORS.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 99 OF 2015

(ARISING OUT OF SLP (CRL) NO.1491 of 2012)

MANOHAR SINGH …APPELLANT

VERSUS

STATE OF RAJASTHAN AND ORS. …RESPONDENTS

 

Learned counsel for the appellant submitted that the Court of Sessions erred in setting aside the conviction for offences other than Section 323 and also erred in granting benefit of probation. The fine imposed was not adequate and having regard to number of injuries and their nature, adequate compensation ought to have been granted. The appellant received as many as 10 injuries including an incised wound in the parietal region by sharp edged weapon, a muscle deep injury on the front of left leg and a bone deep injury just above the front of left leg. Even if technically, the injury could be held to be simple instead of grievous, the sentence should have been adequate and in any case, due compensation ought to have been granted. Thus, the High Court erred in dismissing the revision petition. Learned counsel for the accused pointed out that the respondent Devi Singh has died during pendency of the proceedings in this Court. Interference by this Court was not called for at this stage when 35 years have passed after the occurrence. In any case, it may not be appropriate to give any sentence of imprisonment to any of the accused and at best compensation may be directed to be paid by the accused or the State to the appellant. After giving due consideration to the rival submissions, we are of the view that while it may not be appropriate to impose the sentence of imprisonment at this stage, having regard to the nature and extent of injuries, the appellant-complainant deserves to be duly compensated….read more