Pargan Singh Vs State Of Punjab & Anr. Crmnl Appeal 47 of 2014 d/d 5 Sep 2014
Offence :
Appellants convicted under Section 302, 397 as well as Section 307 IPC read with Section 34 IPC.
Appeal resting on credibility of testimony of witnesses.
Decision :
19. The testimony of an
injured witness requires
a higher degree of
credibility and there
have to be
strong reasons to describe the same. extra-judicial
confession by its very nature is
rather a weak type of evidence and requires appreciation with
great deal of
care and caution.
21. Where an
extra-judicial confession is
warranted by suspicious circumstances, its
credibility becomes doubtful
and it loses
its importance. It is
for this reason
that Courts generally
look for independent reliable
corroboration before placing any reliance upon
such a confession.
On the flip side : For
the offence under Section 302 IPC, both the appellants were given the sentence of
rigorous imprisonment of life and fine of Rs.50,000/- each and in default of payment
of fine, they have to undergo further rigorous imprisonment for two years. For
conviction under Section 307 IPC read with Section 34 IPC, sentence of 10 years
rigorous imprisonment and fine of Rs.25,000/- is imposed and in default of payment
of fine, they have to undergo further rigorous imprisonment for one year. Likewise,
for offences under Section 397 IPC, rigorous imprisonment for a period of 10 years
is imposed. All these sentences were ordered to run concurrently.
Is equating fine of every Rs 25,000/- with one year rigorous imprisonment just and fair?
Examine S. 397 of IPC for justness and fairness of such equation.
397. Robbery, or dacoity, with attempt to cause
death or grievous hurt.—If, at the time of committing robbery or dacoity, the
offender uses any deadly weapon, or causes grievous hurt to any person, or
attempts to cause death or grievous hurt to any person, the imprisonment with
which such offender shall be punished shall not be less than seven years.
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