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2019 DIGILAW 978 (SC)

Sulekh Malik v. Parvinder @ Moti

2019-03-06

M.R.SHAH, NAVIN SINHA

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ORDER 1. Leave granted. 2. The respondent was convicted under Section 302, IPC and sentenced to life imprisonment. In appeal, the High Court has altered the conviction to one under Section 304 Part II, IPC and sentenced him for 10 years alongwith fine of Rs.5 Lacs, out of which 2 Lacs was to be paid as compensation to the parents of the deceased. 3. We have heard Mr. Siddharth Luthra, learned senior counsel for the appellant, Mr. Sanjay Jain, learned ASG for the NCT of Delhi and Mr. R.N. Mittal, learned senior counsel for the respondent No.1-Accused at length. We have also been taken through the order of the High Court and the evidence on record. Suffice to observe that in the entirety of the facts and circumstances of the case, more particularly that in the meantime the respondent has already undergone ten years' sentence awarded to him, we are not inclined to interfere in the matters in exercise of our jurisdiction under Article 136 of the Constitution of India. 4. But the very same set of facts and circumstances persuade us to enhance the fine to Rs.15,00,000/- (Rupees fifteen lakhs); out of which Rs.13,00,000/- (Rupees thirteen lakhs) shall be paid to the appellant as compensation within a period of six months from today failing which the respondent shall have to undergo two years' further Rigorous Imprisonment. The appeals are disposed of.