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Labh Singh & Ors vs State Of Haryana & Anr

Supreme Court12 March 2012Dipak Misra · Dalveer Bhandari

Ratio decidendi

The rule this decision rests on

Where appellants are advanced in age, a substantial period has elapsed since the commission of the offence, they have already undergone part of the sentence, and circumstances do not warrant further imprisonment, the court may, in the interests of justice, reduce the sentence to the period already served and impose monetary compensation instead.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

IN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 523 OF 2012(Arising out of SLP(Crl.) No.7719/2009)
LABH SINGH & ORS. Appellant(s):VERSUS:STATE OF HARYANA & ANR. Respondent(s)
O R D E R
1. Leave granted.

2. We have heard the learned counsel for the parties.

3. According to the impugned judgment passed by the High Court, appellant No.1 is more than 82 years of age and appellant Nos.2 & 3 are 72 and 62 years of age respectively.

4. This is an incident of 1985. The appellants have already undergone part of the sentence. Sending them to jail after a lapse of about 27 years, in the facts and circumstances of this case, would not be justified.

-2- 5. On a consideration of the totality of the facts and circumstances of this case, we are of the opinion that ends of justice would meet if we direct each of the appellants to pay Rs.1 lakh to the complainant/injured persons. We direct accordingly. Let the amount be deposited before the Trial Court within two weeks from today and after the amount is deposited, the Trial Court shall disburse the amount equally among the injured persons.

6. Consequently, the sentence of the appellants is reduced to the period already undergone by them, the impugned judgment is modified to the aforementioned extent and the appeal is partly allowed.

.....................J (DALVEER BHANDARI)

.....................J (DIPAK MISRA)

New Delhi;

March 12, 2012.

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