STATE OF U P Vs. VIRENDRA PRASAD

JUDGEMENT

(1.) This appeal by the State of Uttar Pradesh questions legality of the judgment rendered by a Division Bench of the Allahabad High Court holding that the respondent Virendra Prasad was guilty of offence punishable under S. 304, Part II of the Indian Penal Code, 1860 (in short 'the IPC') and not under Section 304, I. P. C. as was contended by the prosecution. Custodial sentence of the respondent was limited to the period undergone by him in custody i.e. about 8 months. Though the State had filed appeal against the two persons including respondent Virendra who had faced trial, the special leave petition so far as the other accused i.e. Ram Prasad was dismissed by order dated 20-10-1997.

(2.) Background facts giving rise to the present appeal are essentially as follows :

(3.) In appeal, by the impugned judgment the High Court came to hold that it would not be desirable to send accused persons to jail because of passage of time. It altered the custodial sentence to fine of Rs. 1,000/- each in respect of the offences relatable to the Arms Act so far as accused Ram Prasad is concerned. Conviction of accused Virendra was altered to Section 304, Part II, IPC. His custody was restricted to the period already undergone. Additionally fine of Rs. 10,000/- was imposed. The alteration of conviction and the period of sentence as directed by the High Court is the subject-matter of challenge in this appeal.