Conviction Reduced in Haryana Arson Case: Supreme Court’s Ruling

The Supreme Court of India recently delivered a judgment in the case of Surender Singh vs. The State of Haryana & Ors. The case revolves around an arson incident that took place in 2000, where the appellant, Surender Singh, was convicted for setting fire to the house of the complainant, Sandeep, and causing harm to cattle. The case had gone through various stages of legal scrutiny, culminating in this ruling by the Supreme Court.

The appellant was convicted under Sections 436, 429, 323, and 506 of the Indian Penal Code (IPC). The conviction was upheld by the High Court of Punjab and Haryana, which sentenced him to seven years of imprisonment. The Supreme Court, after reviewing the case, considered a subsequent development where the appellant had paid compensation of Rs. 9,00,000 to the complainant party. Taking this into account, the Court decided to reduce the sentence to five years.

Background of the Case

According to the prosecution, during the night of November 24-25, 2000, Surender Singh and his brother, Jai Bhagwan, set fire to the house of the complainant, Sandeep, who was studying in Class XII at the time. Sandeep was alone in the house as his father, Inder Singh, was away for work. As a result of the fire, two buffaloes, a she-calf, and another offspring sustained severe burn injuries and eventually died. Sandeep also suffered burn injuries during the incident.

Trial Court and High Court Conviction

The Trial Court, relying on the testimony of the complainant and other evidence, convicted Surender Singh and Jai Bhagwan under IPC Sections 436 (mischief by fire), 429 (mischief by killing or maiming cattle), 323 (causing hurt), and 506 (criminal intimidation). They were sentenced to seven years of imprisonment.

On appeal, the High Court upheld the conviction and the sentence, affirming the trial court’s findings.

Arguments by the Appellant

The appellant, represented by Mr. Rajat Sharma, argued that subsequent to the conviction, a village panchayat had intervened, leading to a resolution where Surender Singh paid Rs. 9,00,000 to the complainant’s family as compensation for the damages. He further submitted that the appellant had already undergone three years and three months of imprisonment and urged the Court to consider reducing the sentence.

Supreme Court’s Observation and Ruling

The Supreme Court took note of the subsequent development in the case. The judgment, delivered by Justices R. Banumathi and Indira Banerjee, stated:

“Since the occurrence was of the year 2000 and taking note of the subsequent development that a compensation of Rs. 9,00,000/- (Rupees Nine Lakhs) has been paid to the complainant-party (Inder Singh), the sentence of imprisonment of seven years imposed upon the appellant is reduced to five years.”

Accordingly, the Court partially allowed the appeal and directed the appellant to surrender within six weeks to serve the remaining sentence, failing which he would be taken into custody.

Impact of the Judgment

• The ruling acknowledges the principle that subsequent restitution, in the form of monetary compensation, can be a factor in determining sentencing.
• It reinforces the importance of alternative dispute resolution mechanisms like village panchayats in India’s justice system.
• The judgment provides a precedent for similar cases where compensation has been paid to victims.

While the Court did not absolve the appellant of guilt, it recognized the compensation as a mitigating factor in sentencing. The decision highlights the balance between legal punishment and restorative justice.

Petitioner Name: Surender Singh.
Respondent Name: The State of Haryana & Ors..
Judgment By: Justice R. Banumathi, Justice Indira Banerjee.
Place Of Incident: Haryana.
Judgment Date: 11-10-2018.

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