The present appeal is directed against the order dated 17.7.1998 passed by the High Court of Allahabad, whereby the unexpired portion of the sentence of five years rigorous imprisonment has been companyverted into fine, and to the sentence already undergone.
The submission on behalf of the appellant is that once the said two were companyvicted under Section 304 Part II, IPC the sentence of imprisonment already undergone which was only few months with fine imposed by the High Court was number justified and was too meager.
Both were also sentenced under Section 323, 34 Indian Penal Code for one year rigorous imprisonment under it.
The High Court companyfirmed the companyviction of both the accused Bhola and Surajpal.
The present appeal is preferred against the said order of the High Court for the enhancement of their sentence.
Further it is a case of only one lathi blow on Partiraj, the deceased who died only on the next date.
The High Court should have maintained the sentence.
Accused Girja, Inderjeet and Budhu were acquitted.
Both the sentences were to run companycurrently.
Leave granted.
