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2016 Supreme(SC) 1358

JAGDISH SINGH KHEHAR, ARUN MISHRA
Kuldeep Singh – Appellant
Versus
State of Haryana – Respondent


Advocate Appeared:
For the Petitioner:Mr. S.K. Pabbi, Mr. Shikha Roy and Mr. Ajay Kumar Singh, Advocates.
For the Respondent:Mr. Shekhar Raj Sharma and Mr. Sanjay Kumar Visen, Advocates.

JUDGMENT :

Leave granted.

2. We have heard learned counsel for the rival parties. When this court issued notice in the present case, the same was limited to the question of sentence. In this behalf, the Motion Bench Order dated 29th January, 2016, is extracted herein below:

"Issue notice limited to the question of sentence. Dasti, in addition, as prayed for, is also permitted."

3. The trial court convicted and sentenced the appellant under Section 307 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC') to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 20,000/-(Rupees twenty Thousand only), in default of payment of fine, to further undergo rigorous imprisonment for a period of two years; and under Section 148 read with Section 149 of the I.P.C., to undergo rigorous imprisonment for three years.

4. Insofar as the sentence under Section 307 I.P.C. is concerned, the High Court while disposing of the appeal, reduced the sentence awarded to Kuldeep Singh under Section 307 of the I.P.C., to rigorous imprisonment for a period of three years. The sentence under Sections 148 and 149 of the I.P.C. was not altered.

5. It is the contention of the lea




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