PHOOLWATI & ORS. Vs. STATE OF HARYANA

JUDGEMENT

(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:

(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.