LAWS(SC)-2019-3-74

SULEKH MALIK Vs. PARVINDER @ MOTI & ANR

Decided On March 06, 2019
Sulekh Malik Appellant
V/S
Parvinder @ Moti And Anr Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The respondent was convicted under Sec. 302, Penal Code and sentenced to life imprisonment. In appeal, the High Court has altered the conviction to one under Sec. 304 Part II, Penal Code and sentenced him for 10 years alongwith fine of Rs.5 Lacs, out of which 2 Lacs was to be paid as compensation to the parents of the deceased.

(3.) We have heard Mr. Siddharth Luthra, learned senior counsel for the appellant, Mr. Sanjay Jain, learned ASG for the NCT of Delhi and Mr. R.N. Mittal, learned senior counsel for the respondent No.1-Accused at length. We have also been taken through the order of the High Court and the evidence on record. Suffice to observe that in the entirety of the facts and circumstances of the case, more particularly that in the meantime the respondent has already undergone ten years' sentence awarded to him, we are not inclined to interfere in the matters in exercise of our jurisdiction under Art. 136 of the Constitution of India.