Cr. Appeal No. 48 of 1997 07.09.2010 Present: Mr. Rajinder Dogra, Additional Advocate General with Mr. Anil Jaswal, Deputy Advocate General, for the appellant-State. Convict produced in custody of ASI Karanjeet Singh, Incharge and Constable Subhash Chand No. 674, P.P. Gangath, P.S. Nurpur, District Kangra, H.P. In reference to our order dated 28.07.2010, passed in Criminal Appeal No. 48 of 1997 (State of H.P. vs. Kuldip Singh), whereby after hearing learned Additional Advocate General for the appellant-State as well as learned counsel for the convict, namely, Kuldip Singh, we found that the prosecution has proved its case beyond reasonable doubt and prosecution has become successful in bringing home the guilt against the convict for the offence under Section 302 of the Indian Penal Code. In the facts and circumstances of the case, the aforesaid convict, has been found guilty of killing deceased, namely, Sher Singh and Shamkali. 2. In compliance of order dated 28.07.2010, above convict has been produced before this Court in police custody and he is given opportunity of hearing on the quantum of sentence. 3. It has been stated by the convict that he is the only bread earner of his family and is maintaining his family by doing manual work. The convict has further stated that he is residing in his house alongwith his wife and three children. One of his son had died way-back and eldest son is studying in 6th standard, second son in 3rd standard and the youngest one is about 2 years of age and has prayed for leniency. 4. We have also heard Mr. Rajinder Dogra, Additional ...2... Advocate General, for the appellant-State, who has submitted that the present convict has since been found guilty of double murder and for such heinous crime he should be given severe punishment. The sentence provided under Section 302 of the Indian Penal Code is punishment of death in rarest of rare cases, whereas, imprisonment for life is alternative punishment. 5. We have heard the learned counsel for the State as well as the convict, on the quantum of sentence. In the facts and circumstances and keeping in view the fact that the convict has been found guilty of offence under Section 302 of the Indian Penal Code for murdering his father-in-law and mother-in-law and is guilty of two murders, as such, he is sentenced to undergo imprisonment for life with a fine of Rs. 1,000/- and in default of payment of fine, he shall further undergo rigorous imprisonment for one year. 6. Let jail warrants be prepared accordingly and the convict be sent to Model Central Jail, Nahan, to serve out the sentence imposed upon him. (R.B. Misra) Judge (V.K. Sharma) Judge 7th September, 2010 (virender)