Roy Fernandes Vs. State of Goa
|
Head Note
Indian Penal Code,1860 - Section 149
Offence by unlawful assembly comprising 5 accused persons with common object - There of them acquitted giving benefit of doubt - It would not vitiate the conviction of remaining two accused under Section 149 read with substantive offence. 1974(4) SCC 603 : 1975(2) SCC 596, relied.
Indian Penal Code,1860 - Section 325 , Section 302 , The Code of Criminal Procedure, 1973 - Section 357
Reduction in sentence - Grant of compensation to victim of Murder Case - Accused convicted to life imprisonment under Section 302 and one year RI under Section 325 and to pay a fine of Rs. 1000/- - Upheld by High Court, but Supreme Court set aside the conviction under Section 302 Indian Penal Code, but maintained the conviction under Section 325 Indian Penal Code, but reduced the sentence to already undergone (3 months) with direction to pay a compensation of Rs. 3 lakhs to wife of victim on following grounds - (i) Incident 15 years old - Accused had no criminal antecents. (ii) Compensation by assessed taking into consideration gravity of the offence, needs of the victim's family as also the paying capacity of the accused - In the instant case was earning Rs. 10/12 lakhs per year.
Topic(s)-Reduction in Sentence , Grant of Compensation to Victim
Important Decision(s)-
- Conviction under Section 325 Indian Penal Code already undergone with direction to pay a compensation.
- 5 accused persons with common object - Acquitted giving benefit of doubt - It would not vitiate the conviction of remaining two accused under Section 149 Of IPC read with substantive offence.