The appeal challenges the judgment and order passed by the learned Division Bench of the High Court of Punjab and Haryana dated 5 March 2009, thereby dismissing the appeal filed by the appellant challenging the judgment and order passed by the Sessions Judge dated 28 April 2006, thereby convicting the appellant along with five other accused persons for offences punishable under Section 302 read with Section 149 of the Indian Penal Code, 1860 (for 2 short, “IPC”) and sentencing them to suffer rigorous imprisonment for life. No only this, the High Court, in paragraph 9, observed thus:- “The defence version is more probable where Jasbir Singh appellant has stated that it was the comnplainant party who attachked him and his companions and he fired in self defence. Complainant in fact are the aggressors.” We are of the view that the High Court, after finding that the complainant was the aggressor party, could not have convicted the appellant under Section 302 IPC. We find that the sentence already undergone by the appellant would meet the ends of justice for offences punishable under Section 304 Part I IPC and Section 307 IPC.
Also Read: https://newslaw.in/case-type/civil/remand-of-writ-petition-for-restoration-and-decision-on-merits/
Case Title: JASBIR SINGH Vs. THE STATE OF PUNJAB (2023 INSC 53)
Case Number: Crl.A. No.-002286-002286 / 2010
