BIRENDRA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) Leave granted.

(3.) The Respondents were convicted by the trial court under Sections 302/149 of the Indian Penal Code (for short I.P.C.) besides other sections and sentenced to undergo imprisonment for life. On appeal being preferred, the High Court upheld convictions of the Respondents for other offences whereas their conviction under Sections 302/149, I.P.C. has been converted into Sections 304, Part II/149, I.P.C. and each of them has been sentenced to undergo rigorous imprisonment for period of five years. Hence, this appeal by special leave filed on behalf of the State of U.P.