Supreme Court of India
Kirpal Singh v. State of Punjab
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What the Court ordered
Resultantly, the judgments of the trial Court and the High Court dated 26th July, 2003 and 28th February, 2008 respectively are hereby quashed and set aside.
Judgment, page 17
From the headnote
Issue for Consideration The appellant was convicted u/s. 302, s.307 IPC and sentenced to undergo life imprisonment and rigorous imprisonment for 5 years respectively. Both sentences were to run concurrently. An appeal preferred by the appellant before the High Court was dismissed. Headnotes Penal Code, 1860 – s. 302 and s. 307 – Prosecution case was that victim went to sleep in chaubara of the house which was not having any shutter, whereas PW-5 (first informant) along with the other family members slept in a room on the ground floor – PW-5 heard a knock on the door in which she was sleeping
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