The respondent hereafter referred to as the accused was found guilty by the learned Sessions Judge, Sitapur.
Before the High Court the accused did number press appeal on merits but only addressed on the question of sentence.
The injury was caused by a spade over a land dispute.
Though the accused was charged for companymission of offence punishable under Section 302 IPC, the trial Judge held that appropriate companyviction would be under Section 304 Part II IPC and rigorous imprisonment for 7 years was awarded.
The accused had faced trial for offence punishable under Section 302 IPC for having caused homicidal death of one Chetai hereinafter referred to as the deceased on 7.5.1988.
4982 of 2003 ARIJIT PASAYAT, J Leave granted.
Arising out of SLP Crl.
By the said impugned judgment, Criminal Appeal No.37 of 1995 was disposed of by reducing the respondents sentence of 7 years RI imposed in respect of offence punishable under Section 304 Part II of the Indian Penal Code, 1860 in short the IPC to the period already undergone with a direction to pay fine of Rs.15,000/ with default stipulation of one year RI.
The State of U.P. is in appeal against the judgment of the learned Single Judge of the Allahabad High Court, Lucknow Bench.
