Supreme Court of India

Hari Kishan v Sukhbir Singh

AIR 1988 SC 2127; (1988) 4 SCC 551; 1988 SCR Supl. (2) 57119881 min read
The case in brief30-second read
Facts
Seven persons were convicted by the trial court of offences including S.307/149 IPC. The High Court acquitted two, set aside the S.307 conviction of five, maintained their conviction under S.325/149, S.323/149 and S.148, released them on probation, and ordered each to pay Rs 2,500 to Joginder, whose power of speech was permanently impaired.
Issue
Whether the acquittal under S.307 was perverse and whether the compensation was adequate.
Held
Intention under S.307 must be gathered from all circumstances; the acquittal on that charge was not interfered with. The compensation was inadequate; considering the means of the accused, it was raised to Rs 50,000, payable within two months in equal proportions.
Principle
Compensation to the victim under S.357 CrPC must be reasonable, fixed on the facts and the accused's capacity to pay; it is a measure of responding to crime
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Facts

  • Seven persons were convicted by the trial court of offences including S.307/149 IPC. The High Court acquitted two, set aside the S.307 conviction of five, maintained their conviction under S.325/149, S.323/149 and S.148, released them on probation, and ordered each to pay Rs 2,500 to Joginder, whose power of speech was permanently impaired.

Issue

  1. Whether the acquittal under S.307 was perverse and whether the compensation was adequate.

Held

  • Intention under S.307 must be gathered from all circumstances; the acquittal on that charge was not interfered with. The compensation was inadequate; considering the means of the accused, it was raised to Rs 50,000, payable within two months in equal proportions.

Ratio decidendi

S.357 CrPC is a measure of responding appropriately to crime and of reconciling the victim with the offender; courts should use it liberally.

Exam use

How to use it in an answer

Lead case on victim compensation from the accused.

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Citation

Hari Kishan v Sukhbir Singh AIR 1988 SC 2127; (1988) 4 SCC 551; 1988 SCR Supl. (2) 571

Reported: https://indiankanoon.org/doc/212245/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.