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
ORDER
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.