1986 (8) TMI 441 - SC - Indian Laws

Summary

Issues involved:
The judgment involves consideration of the acquittal of certain accused under s. 307/149 IPC, the justification of extending the benefit of s. 360 Cr.P.C. for releasing the accused on probation of good conduct, and the legality of the compensation awarded to the victim Joginder.

Acquittal under s. 307/149 IPC:
The Supreme Court analyzed the intention of the accused in committing the offense under s. 307 IPC, emphasizing that the intention to commit murder must be established for an "attempt to murder" charge. The Court considered various factors such as the nature of the weapon used, motive, and manner of attack. It was concluded that the accused did not have the intention to commit murder, as they did not use the sharp edge of the weapon despite being armed. The Court upheld the acquittal under s. 307 IPC due to the lack of evidence supporting the intention to commit murder.

Benefit of probation of good conduct:
The Court examined the High Court's decision to grant the accused the benefit of probation under s. 360 Cr.P.C. The judgment highlighted that the accused had no prior enmity with the victim and the incident arose from a sudden altercation. Considering that the accused did not have the intention to commit murder, the Court found the extension of probationary benefit appropriate for first-time offenders. The judgment emphasized the purpose of probation in encouraging offenders to take responsibility for their actions and protecting them from the negative impact of imprisonment.

Compensation awarded to Joginder:
Regarding the compensation awarded to Joginder, the Court referred to s. 357 Cr. P.C., which allows courts to order compensation to victims of the offense. The judgment emphasized the importance of awarding reasonable compensation to victims to reconcile them with the offender and ensure justice. The Court found the initial compensation inadequate considering Joginder's permanent disability and inability to speak. After assessing the accused's ability to pay, the Court directed the respondents to pay an additional sum of &8377; 50,000 to Joginder within two months. The modification was made only to the compensation amount, while upholding the rest of the High Court's decision.

Conclusion:
The Supreme Court modified the High Court's order by increasing the compensation to Joginder and upheld the acquittal under s. 307 IPC and the benefit of probation granted to the accused. The appeals were disposed of accordingly.