- (1.) These appeals have been preferred against the impugned judgment and order dated 17.12.2004 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 194-DB of 2002 by way of which, the High Court has rejected the Murder Reference No. 1 of 2002, however, awarded the life imprisonment to the appellants herein, and has issued a direction that all the three appellants, who have been awarded the death sentence by the trial court, would undergo sentence of 25 years without remissions keeping in view the heinous nature of the offence committed by them.
(2.) Facts and circumstances giving rise to these appeals are that: A. A very heinous incident occurred on 20.12.1996 wherein six accused persons committed murder of all the six members of a family. Only one minor girl survived unhurt. After investigation and completion of the other legal requirements, the charges were framed against them under Sections 302, 148, 149 and 449 of Indian Penal Code, 1860 (hereinafter referred to as 'the IPC'). B. The incident occurred due to a land dispute as it was alleged that the crops sown by one Om Parkash stood destroyed by the assailants. The Sessions Court vide judgment and order dated 8.2.2002 had awarded death sentence to Sadhu, Pada, Har Kishan while awarding the life imprisonment to other three accused i.e. Rohtas, Phoolwati and Babli. C. While dealing with the murder reference, the High Court vide impugned judgment and order dated 17.12.2004, declined to confirm the death reference and converted the death sentence to life imprisonment. However, considering the gravity of the offence, put a condition that they would serve minimum 25 years without remissions. Hence, these appeals.
(3.) Shri Varinder Kumar Sharma, learned counsel appearing on behalf of the appellants, has submitted that the High Court had no competence to put such a condition. While serving the sentence, their case could have been considered for premature release under the provisions of Sections 432, 433 and 433-A of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.P.C.') and, therefore, this condition is liable to be set aside.;