Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1289 OF 2007
STATE OF PUNJAB ..... APPELLANT
VERSUS
PAPPU @ BALWINDER SINGH & ORS. ..... RESPONDENTS
WITH
CRIMINAL APPEAL NO. 1287 of 2007
O R D E R
We have heard the learned counsel for the parties.
On a reading of the evidence particularly, the
medical evidence, we find that even on accepting
prosecution story to be correct a case under Section
302 of the Indian Penal Code would not be made out and
the matter would fall under Section 304 Part II of the
IPC. We also see from the record that respondents
have already put in six years in jail when they were
acquitted by the High Court.
As a normal sentence under Section 304 Part II
would be about five years, to examine this matter on
merits would thus be a futile exercise.
The appeals are dismissed.
......................J
[HARJIT SINGH BEDI]
......................J
[C.K. PRASAD]
NEW DELHI
AUGUST 05, 2010.