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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.