UNION OF INDIA AND ORS Vs. DHARAM PAL

JUDGEMENT

(1.) Leave granted.

(2.) The instant criminal appeal is directed by the State against the decision of the High Court of Judicature of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 7436 of 2013 (O&M) whereby the High Court allowed the Writ Petition filed by the Respondent Dharam Pal, and commuted the death sentence awarded to him to life imprisonment. The Respondent was tried and convicted under Sec. 302/34 of the Indian Penal Code (hereinafter, "IPC") for the commission of murder of five persons belonging to the same family.

(3.) The brief facts leading to the impugned Writ Petition are that, the Respondent Dharam Pal, in an earlier incident, was convicted under Sec. 376/452 of the Penal Code vide judgment dated 04.07.1992 passed by the Additional Sessions Judge, Sonepat, in Sessions Case 11 of 1991 and sentenced to undergo rigorous imprisonment for ten years. The Respondent was released on bail by the High Court while admitting his appeal, however on the intervening night of 09.06.1993 and 10.06.1993 at around 03:30 a.m., the Respondent accompanied by his brother Nirmal Singh committed the murder of five persons who were the family members of the prosecutrix for whose rape the Respondent was convicted.