Title: HARENDRA RAI V STATE OF BIHAR & ORS
Citation: CRIMINAL APPEAL NO. 1726. OF 2015
Dated on: 1.9.2023
Corum: HON’BLE JUSTICE SANJAY KISHAN KAUL, JUSTICE ABHAY S OKA & JUSTICE VIKRAM NATH
Facts of the case
The present case is a criminal appeal filed by Harendra Rai filed, challenging respondent acquittal in lower courts for the murder of two people and the attempted murder of another. The case arose from an incident that occurred nearly three decades ago, resulting in the loss of life and serious injuries. Respondent no.2 was first acquitted by the Trial Court and the High Court, but his fortunes changed on August 18, 2023, when the Supreme Court condemned him under Sections 302 and 307 of the IPC.
Court analysis and judgement
On September 1st 2023 in a judgement written by Justice Vikram Nath the Supreme Court overturned respondent no.2’s acquittal after reviewing eyewitness testimony, medical reports, ballistic reports, and the motive for the crime. The Court determined that respondent no.2 had a prolonged animosity toward the victims and cooperated with the other accused to eliminate them. The Court also found that the prosecution and the courts had been swayed by respondent no.2’s political clout and had neglected relevant evidence.
The Supreme Court convicted respondent no.2 under Sections 302 and 307 of the IPC and sentenced him to life imprisonment and a fine of Rs.20 lakh for murder, as well as 7 years severe imprisonment and a fine of Rs.5 lakh for attempted murder.
Justice Vikram Nath further ordered the state of Bihar to pay compensation of Rs.10 lacs each to the deceased’s legal heirs and Rs.5 lacs to the injured or her legal heirs. The Court further directed that the penalties and compensation be recovered as land revenue arrears if they were not submitted within two months.
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Written by- Namitha Ramesh
