SUPREME COURT OF INDIA

KIRPAL SINGH vs STATE OF PUNJAB

Criminal Appeal No 1052 of 2009 On 18 April 2024

Hon'ble Judges: B.R. Gavai, Sandeep Mehta

Case Type: Criminal Appeal

Final Decision: 

Advocates: 

Citations: 
2024 0 CJ(SC) 208

ACTS REFERRED: 
Code of Criminal Procedure, 1973, Section 313
Code of Criminal Procedure, 1973, Section 319
Indian Penal Code, 1860, Section 34
Indian Penal Code, 1860, Section 307
Indian Penal Code, 1860, Section 302

(A) Code of Criminal Procedure, 1973, Section 313, Section 319 - Power to examine the accused - Power to proceed against other persons appearing to be guilty of offence(B) Indian Penal Code, 1860, Section 302, Section 34, Section 307 - Punishment for murder - Acts done by several persons in furtherance of common intention - Attempt to murder Under Section 307 IPC - Rigorous imprisonment for a period of five years and a fine of Rs.1,000/-, in default of payment of fine, to undergo further rigorous imprisonment for a period of 15 days. Both the sentences were ordered to run concurrently. Brief facts: - Sharan Kaur, the first informant(PW-5), wife of Balwinder Singh (deceased) used to reside along with her family members in the house which was situated on the backside of the grocery and halwai shops owned by her husband Balwinder Singh (deceased) at bus stop, Khudda.

Judgement Text

1. The instant appeal has been preferred on behalf of the appellant for assailing the judgment dated 28th February, 2008 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 662-DB of 2003, whereby the appeal preferred by the appellant was dismissed, thereby affirming the judgment and order dated 26th July, 2003 rendered by the learned Additional Sessions Judge (Adhoc), Hoshiarpur, vide which the appellant was convicted and sentenced as below:-

(i). Under Section 302 of the Indian Penal Code (hereinafter being referred to as 'IPC') - Imprisonment for life and to pay a fine of Rs.2,000/-, in default of payment of fine, to undergo further rigorous imprisonment for a period of one month.

(ii). Under Section 307 IPC - Rigorous imprisonment for a period of five years and a fine of Rs.1,000/-, in default of payment of fine, to undergo further rigorous imprisonment for a period of 15 days.