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.
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.
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.
Arijit Pasayat, J. Leave granted.
The respondent hereafter referred to as the accused was found guilty by the learned Sessions Judge, Sitapur.
The State of U.P. is in appeal against the judgment of the learned Single Judge of the Allahabad High Court, Lucknow Bench.
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.
