KAPOOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ORDER

(2.) SPECIAL leave granted limited to the question of nature of offence and of sentence only. Heard both the Having regard to the facts and circumstances of the ace are of. the opinion that the offence would fall under section,304 Part II Indian Penal Code and not under S. 302 Indian Penal Code he appeal is, therefore, partly allowed. The conviction is converted from one under S. 302 Indian Penal Code to one under S. 304 Part II Indian Penal Code and the sentence of imprisonment for life Is converted into one of seven years rigorous imprisonment and a fine of Rs.5,000.00. In default of payment of fine, the appellant shall suffer RI for one year more. The fine, if paid, shall be made over equally (Rs.2,500.00 each) to the two injured persons by way of compensation. Subject to this modification, the appeal fails and is dismissed.