Full Judgment Text
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CASE NO.:
Appeal (crl.) 1604 of 2005
PETITIONER:
Babu Singh and another
RESPONDENT:
Reshampal Singh and another
DATE OF JUDGMENT: 22/11/2006
BENCH:
S. B. Sinha & Markandey Katju
JUDGMENT:
J U D G M E N T
(with Criminal Appeal No. 1605 of 2005)
MARKANDEY KATJU, J.
These appeals have been filed against the impugned
judgment and order of the Punjab and Haryana High Court dated
24.10.2002 in Criminal Appeal No. 616-DB of 2001.
Heard learned counsel for the parties and perused the record.
The trial court by its judgment dated 18.10.2001 convicted
accused Resham Pal Singh and sentenced him to death under
Section 302 of the Indian Penal Code, but the High Court while
affirming the conviction has reduced the sentence to life
imprisonment. The High Court has further directed the appellant
to pay a fine of Rs. 50,000/- and in default to undergo further RI
for a period of one year for the offence under Section 302 IPC.
The High Court also maintained the sentence of imprisonment for
five years and to pay a fine of Rs. 1,000/- awarded under Section
307 IPC. In default of payment of fine the appellant had to
undergo further RI for a period of two months. The amount of fine
of Rs. 50,000/-, if realized from the appellant was directed to be
paid to Harpreet Singh, who has lost his parents.
In these two appeals the prayer was to enhance the
punishment to death sentence.
We have gone through the evidence and have considered the
facts of the case.
In our opinion, there is no reason to interfere with the
impugned judgment of the High Court. The question of sentence
has been considered by the High Court in detail in paragraph 36 of
its judgment and, therefore, we see no reason to differ from the
view taken by the High Court. Hence, both the appeals are
dismissed and the impugned judgment and order of the High Court
stands upheld.