KASHMIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) After hearing learned counsel for both the parties and also considering the facts and circumstances of the case, we do not find that there is any infirmity in appraisal of the facts and circumstances and the circumstantial evidence by both the courts below in arriving at the conclusion that the accused-appellant has committed the crime under Section 302 IPC. We, therefore, agree with the findings of the courts below so far as the conviction of the appellant under S. 302 Indian Penal Code is concerned. However, it was not a premeditated and cold-blooded murder. Furthermore, the appellant immediately after the murder was committed appeared before the Sessions Judge and made a confessional statement that he committed the murder. Considering all these facts and circumstances, we are of the opinion that the ends of justice will be met by converting the sentence from one of death to one of imprisonment for life. As such we uphold the conviction but modify the sentence accordingly.

(2.) The appeal is allowed to the aforesaid extent.