IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.  1289 OF 2007

STATE OF PUNJAB   ..... APPELLANT

VERSUS

PAPPU @ BALWINDER SINGH & ORS.   ..... RESPONDENTS

WITH CRIMINAL APPEAL NO. 1287 of 2007

O R D E R

We have heard the learned counsel for the parties.

On a reading of the evidence particularly, the  

medical  evidence,  we  find  that  even  on  accepting  

prosecution story to be correct a case under Section  

302 of the Indian Penal Code would not be made out and  

the matter would fall under Section 304 Part II of the  

IPC.  We also see from the record that respondents  

have already put in six years in jail when they were  

acquitted by the High Court.

As a normal sentence under Section 304 Part II  

would be about five years, to examine this matter on  

merits would thus be a  futile exercise.

The appeals are dismissed.

   ......................J  [HARJIT SINGH BEDI]

......................J

  [C.K. PRASAD] NEW DELHI AUGUST  05, 2010.