- (1.) AFTER having heard the learned counsel for the appellants and the learned Public Prosecutor and having gone through the records, for the peculiar circumstances arising out of a wholly unjustified sentencing order dated 06.04.2012, as passed by the Addl. Sessions Judge No.2, Sriganganagar awarding, inter alia, death penalty to one of the accused Shyoprakash @ Karm Singh @ Sukhdev Singh with reference to the provisions of Section 303 IPC, we are clearly of the view that in order to secure the ends of justice, the sentencing part of the order impugned deserves to be set aside and the question of proper sentencing deserve to be remitted to the learned Trial Court.
(2.) AS the matter regarding sentencing is proposed to be remitted to the learned Trial Court, dilatation on all the factual aspects in this order does not appear necessary. Only a brief reference to the relevant background aspects would suffice. On a charge-sheet filed after investigation in FIR No.91/2009 of Police Station Lalgardh Jatan, Srigaganagar before the Judicial Magistrate, Sadulshahar, the matter was committed to the Court of Sessions and was ultimately taken up for consideration by the Addl. Sessions Judge No.2, Sriganganagar. The accused No.1 Dulla Singh @ Nirmal Singh (appellant of Cr. Appeal No.727/2012) and the accused No.2, Shyoprakash @ Karm Singh @ Sukhdev Singh (appellant of Cr. Appeal No.446/2012) were charged for the offences under Sections 302, 307, 341, 324, 326 read with Section 34 IPC and Section 27 of the Arms Act whereas the accused Nos.3 to 5, Harnek Singh @ Lali, Ashok Kumar and Manjeet Singh Sikalighar, were charged for the offence under Section 302/120B IPC. After taking evidence and hearing the parties, the learned Addl. Sessions Judge No.2, Sriganganagar proceeded to acquit the accused Nos.3 to 5 while extending them benefit of doubt. However, the accused No.1 Dulla Singh @ Nirmal Singh and the accused No.2 Shyoprakash @ Karm Singh @ Sukhdev Singh were convicted for the offences under Sections 302, 307, 341, 324, 326 read with Section 34 IPC and Section 27 of the Arms Act.
(3.) AFTER hearing the parties on the question of sentence, the learned Trial Judge referred to the fact that the accused No.2 Shyoprakash had been convicted in the past by the Addl. Sessions Judge (Fast Track), Sriganganagar in the judgment and order dated 03.07.2003 (in Sessions Case No.67/2002) for the offence under Sections 348, 449, 341, 364, 342, 302/149, 323 and 324 IPC; and was, inter alia, awarded the punishment of life imprisonment for the offence under Section 302 IPC. The learned Judge also observed that the accused Shyoprakash was granted temporary suspension of execution of sentence by the order dated 06.02.2004 by this Court in the pending appeal (No.932/2003) but then, he did not surrender as required within time and then, standing warrant was ordered to be issued against him. The learned Judge further observed that this Court proceeded to dismiss the appeal to the extent it relate to this accused Shyoprakash. The learned Judge, therefore, found that there was no appeal of the accused Shyoprakash pending against the conviction in Sessions Case No.67/2002 and the judgment and order dated 03.07.2003 had acquired finality against him. The learned Judge, thereafter, observed that when the accused Shyoprakash had committed another offence of Section 302 IPC in the present case while being under sentence of life imprisonment, he was required to be dealt with under the mandatory provisions of Section 303 IPC and was, therefore, required to be awarded death penalty.;