Kapoor Singh. Vs. he State Of Punjab.
EmailAppeal: Criminal Appeal No. Of 1987.
(Arising out of Special Leave Petition (Crl.) 2706/85).
(Arising out of Special Leave Petition (Crl.) 2706/85).
Petitioner: Kapoor Singh.
Respondent: he State Of Punjab.
Apeal: Criminal Appeal No. Of 1987.
(Arising out of Special Leave Petition (Crl.) 2706/85).
(Arising out of Special Leave Petition (Crl.) 2706/85).
Judges: M.P. THAKKAR & B.C. RAY, JJ.
Date of Judgment: Feb 16, 1987
Head Note:
CRIMINAL LAW:
Indian Penal Code, 1860; Sections 302 and 304 Part II – Conviction converted from S. 302 to one under S. 304 Part II.
Indian Penal Code, 1860; Sections 302 and 304 Part II – Conviction converted from S. 302 to one under S. 304 Part II.
JUDGEMENT:
ORDER
1. Special leave granted limited to the question of nature of offence and of sentence only. Heard both the sides.
2. Having regard to the facts and circumstances of the case we are of the opinion that the offence would fall under section 304 Part II I.P.C. and not under section 302 I.P.C. The appeal is, therefore, partly allowed. The conviction is converted from one under section 302 I.P.C. to one under section 304 Part II I.P.C. and the sentence of imprisonment for life is converted into one of seven years’ rigorous imprisonment and a fine of Rs. 5,000/-. In default of payment of fine, the appellant shall suffer R.I. for one year more. The fine, if paid, shall be made over equally (Rs.2,500/- each) to the two injured persons by way of compensation. Subject to this modification, the appeal fails and is dismissed.
Appeal partly allowed.
1. Special leave granted limited to the question of nature of offence and of sentence only. Heard both the sides.
2. Having regard to the facts and circumstances of the case we are of the opinion that the offence would fall under section 304 Part II I.P.C. and not under section 302 I.P.C. The appeal is, therefore, partly allowed. The conviction is converted from one under section 302 I.P.C. to one under section 304 Part II I.P.C. and the sentence of imprisonment for life is converted into one of seven years’ rigorous imprisonment and a fine of Rs. 5,000/-. In default of payment of fine, the appellant shall suffer R.I. for one year more. The fine, if paid, shall be made over equally (Rs.2,500/- each) to the two injured persons by way of compensation. Subject to this modification, the appeal fails and is dismissed.
Appeal partly allowed.
