IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1435   OF 2009 (Arising out of SLP(Crl.) NO. 3605/2009)

 SEWA SINGH               Appellant(s)

                     VERSUS

 STATE OF PUNJAB Respondent(s)

O R D E R

Leave granted.

The appellant along with one Jasmer Singh was prosecuted for commission  

of offences under Sections 302, 323, 324, 326, 447, 149 and 148 of the Indian Penal  

Code ('IPC',  for short) for causing death of one Prem Singh and injuries to Bhag  

Singh and Naib Singh.  Jaasmer Singh was held guilty under Sections 302, 326/34,  

324/34 and 447 IPC and was sentenced to undergo life imprisonment and to pay a fine  

of Rs. 5000 and, in default, to undergo further rigorous imprisonment for one year.  

The appellant – Sewa Singh was convicted for commission of offences under Sections  

302/34, 326, 324/34 and 447 IPC and was sentenced to life imprisonment and to pay a  

fine of Rs. 5000 and, in default, to undergo further rigorous imprisonment for one  

year.  

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The appeal preferred by Jasmer Singh and others being Criminal Appeal  

No. 551/2009, was disposed of by a Bench of this Court on 23.3.2009 in the following  

terms:  

“Heard learned  counsel  for  the  parties.  Considering  the  peculiar  facts of the case, we are of the view that the appropriate conviction  would be under Section 304 Part-I,  Indian Penal  Code,  1860 (for  short' the IPC') and custodial sentence for 8 years would meet the  end of justice.  The appeal is disposed of.”

In view of the fact that Jasmer Singh, who inflicted the fatal blow on the  

deceased Prem Singh, has been found to be guilty of commission of offence under  

Section 304 Part-I of the IPC, we have no other alternative but to hold the appellant  

guilty for commission of offence under Section 304 Part-I of the IPC read with Section  

34 and other provisions of the IPC, as noticed hereinbefore.   

For selfsame reasons, we direct that the sentence of the appellant shall be  

reduced  to  eight  years  rigorous  imprisonment.  He  is  directed  to  be  released  

immediately on completion of eight years rigorous imprisonment, if not required in  

connection with any other case.   

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The appeal is partly allowed in the manner indicated above.  

..........................J. [S.B. SINHA]

..........................J. [G.S. SINGHVI]

..........................J. [DEEPAK VERMA]

New Delhi. JULY 28, 2009.