SUKHDEV SINGHU Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) COUNSEL for the applicant -appellant submits that even if allegations levelled by the prosecution are accepted as true, the alleged occurrence was the result of sudden fight and, therefore, cannot possibly attract conviction and sentence under Section 302 of the Indian Penal Code. It is further submitted that as the appellant has already undergone 5 years and 1 month of actual imprisonment and the appeal is not likely to be heard in the near future, the sentence may be suspended.

(2.) COUNSEL for the the State of Punjab has filed the appellant's custody certificate, dated 07.11.2011, which clearly establishes that the appellant has undergone actual imprisonment of 5 years and one month, as of date.