RAMESH KUMAR Vs. RAM KUMAR

JUDGEMENT

(1.) We are very unhappy about the judgment of the High Court. Both the respondents were convicted by the learned First Additional Sessions Judge of Kurukshetra under Section 302 read with S. 34 of the Indian Penal Code and each of them was sentenced to undergo imprisonment for life. On appeal, for very strange reasons, the High Court acquitted the first respondent and converted the conviction of the second respondent to one under S. 304-A, I. P. C. and reduced the sentence to two years' rigorous imprisonment. What the High Court said speaks for itself. This is what the High Court said:

(2.) We can only say that the judgment of the High Court has left us shocked and perplexed. We are at a total loss to understand it. The entire system of administration of criminal justice is reduced to a mockery. If the judgment of the High Court is upheld, it is as if a person who can afford to make gifts of land or money to the heirs of the victim may get away even with a charge of murder. Courts are to dispense justice, not to dispense with justice. And, justice to be dispensed is not palmtree justice or idiosyncratic justice. The judgment cannot stand a second's scrutiny. It is accordingly set aside and the matter is remanded to the High Court so that the criminal appeals and revision may be reheard. On behalf of the accused a very curious request was made, that the land gifted by the father of the accused to the widow of the deceased may be directed to be returned to the father of the accused. We take no notice of the gift and we reject the request.