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1984 Supreme(SC) 247

D.A.DESAI, RANGANATH MISRA
Surjit Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
B.D.SHARMA, S.K.Bagga, S.K.SABHARWAL

JUDGMENT

 Special leave granted limited to the question whether the High Court without issuing notice and affording an opportunity to the appellant to be heard had jurisdiction to enhance the sentence by imposing a fine of Rs. 5,000/- in addition to the sentence of imprisonment for life imposed by the trial Court.

2. The appellants, Surjit Singh and Harjinder Singh were convicted for committing murder of Bachan Singh under S. 302 I. P.C. and each of them was sentenced to suffer rigorous imprisonment for life by the learned Sessions Judge Ludhiana. They preferred Criminal Appeal No. 283/1983 to the High Court of Punjab and Haryana at Chandigarh.

3. While dismissing the appeal of the appellants a division Bench of the High Court observed that Surjit Singh and Harjinder Singh had been proved to have committed the murder of Bachan Singh in quite a ruthless manner as is apparent from number of injuries found on the person of the deceased. The High Court further observed that it is a fit case in which over above the sentence of imprisonment for life imposed by the trial Court a fine of Rs. 5,000/-, in default to suffer further rigorous imprisonment for two years must be imposed on the app


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