1 Sep 2023 5:48 AM GMT
The Supreme Court on Friday sentenced former Member of Parliament (MP) and Rashtriya Janata Dal (RJD) leader Prabhunath Singh to life imprisonment in the double murder case of 1995. The Apex Court also directed compensation of Rupees 10 lakh each for both the deceased and Rs 5 lakhs each for the injured in the incident, to be paid by the Bihar Government and the convict separately. The Court also imposed a sentence of seven years imprisonment on Singh for the offence of attempt to murder under Section 307 IPC.
A bench of Justice Sanjay Kishan Kaul, Justice Abhay S. Oka and Justice Vikram Nath was hearing Singh on the question of his sentence today.
In the hearing today, Justice Kaul said 'life or death sentence, there are only two options.'
Senior Advocate R Basant appearing for the respondent argued that in the case of Bachhan Singh, it is stated that the graver option of sentence is chosen when the lesser option is unquestionably foreclosed.
"Do you seriously think we are considering death penalty?" Justice Oka asked the Sr. Adv. Basant.
Senior Advocate AM Singhvi argued that with two acquittals the presumption of innocence is enhanced and that the review is pending on the matter. However the Court said the review will be decided later on in chambers.
The Court was informed that Singh is now 70 years old. "Rest is upto God, whatever, he gives him" Justice Kaul said.
"Never seen a case like this before!", Justice Vikram Nath remarked.
In its judgment dated 18th August, the Court had directed Singh be produced before the Court on 01.09.2023 by the Secretary, Department of Home, State of Bihar and the Director General of Police, Bihar. However, on an application by Singh, the order was modified to allow him to appear virtually.
In a strongly worded judgment, the Supreme Court called the trial "shabby" and the investigation "tainted", which showed the "highhandedness of the accused-Respondent no.2, who was a powerful person, being a sitting M.P. of the Ruling Party".
In 2008 a Patna court had acquitted Singh citing lack of evidence. The acquittal was later upheld by the Patna High Court in 2012. Consequently, the brother of one of the victims challenged the acquittal in the Supreme Court.
Pointing out several lapses in the trial, the Apex Court called the case "an exceptionally painful episode of our Criminal Justice System.”
Case Title: Harendra Rai V. State of Bihar, Criminal Appeal No.1726 of 2015