STATE OF UTTAR PRADESH Vs. RAJ BAHADUR SINGH

JUDGEMENT

(1.) By the judgment and order dated 26.11.1988 in Sessions Case No. 167 of 1987 the Vth Additional Sessions Judge, Etah, convicted the Respondents for the offence punishable under Section 302 read with Section 34 of the Penal Code and sentenced each of them to suffer rigorous imprisonment for life.

(2.) Against that judgment, Respondents preferred an appeal being Criminal Appeal No. 2683 of 1988 before the High Court of Allahabad. The High Court partly allowed the appeal by the judgment and order dated 13.5.1998 by setting aside the conviction under Section 302 of the Penal Code and held that the Respondents are required to be convicted for the offence punishable under Section 304, Part I, Penal Code The High Court imposed sentence of rigorous imprisonment for seven years for the offence punishable under Section 304, Part I, Penal Code Against the said judgment and order, the State has preferred this appeal.

(3.) Learned Counsel for the Appellant submitted that the order passed by the High Court is, on the fact of it, erroneous as the ground given by the High Court for modification of the order passed by the Sessions Judge that as there was a sudden quarrel, the Respondents are required to be convicted for the offence punishable under Section 304, Part I, Penal Code is illegal and erroneous.