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2001 DIGILAW 903 (SC)

Gajjan Singh v. State of Punjab

2001-04-23

BRIJESH KUMAR, R.C.LAHOTI

body2001
ORDER : 1. Delay condoned. 2. Leave granted. 3. During an occurrence which took place on 17.3.1993 Chhinda Singh and Channo, daughter of the appellant were done to death. After information was lodged with the police by Har Singh, PW-2, an eye-witness, investigation was taken in hand. After completion of investigation charge sheet was filed and after recording evidence, the learned Trial Court on 4.4.1994 convicted the appellant for an offence under Section 302 Indian Penal Code and sentenced him to undergo life imprisonment and to pay a fine of Rs. 2000/- on each of the two counts. In default of payment of fine, the appellant was required to undergo further RI for one year. The appellant questioned his conviction and sentence through an appeal filed in the High Court. Vide judgment dated 14.10.1996 the High Court altered the conviction of the appellant from the one under Section 302 Indian Penal Code to one under Section 304 Part-I Indian Penal Code but declined to interfere with the sentence of life imprisonment or the payment of fine and the imprisonment in default of payment of fine. On 15th of January, 2001 this Court after hearing learned counsel for the appellant was of the view that the conviction of the appellant for an offence under Section 304I Indian Penal Code was well merited. However, a notice was issued in the SLP confined to the question of sentence and for condonation of delay. 4. After hearing learned counsel for the parties, we maintain the conviction of the appellant for the offence under Section 304 Part-I, Indian Penal Code but in the established facts and circumstances of the case, reduce the substantive sentence of imprisonment from life imprisonment to a period of 10 years RI. The sentence of payment of fine and sentence of imprisonment in default of payment of fine is, however, maintained. With the above modification in sentence, the appeal is disposed of.