STATE OF UP Vs. SIYA RAM

JUDGEMENT

(1.) Three persons were sent for trial for an offence punishable under Section 307 read with Section 34 of the IPC. Net Ram was acquitted by the Trial Court and on an appeal taken by the other two accused Siyaram and Jiya Lal, the conviction of Jiya Lal was maintained whereas Siyaram was acquitted on the ground that no injury had been caused by the shot allegedly fired by him. While dealing with Jiya Lal's case the High Court further observed:

(2.) The High Court accordingly reduced the sentence to that already undergone but imposed a fine of Rs. 10,000/- and in default of payment of fine R.I. for a period of 2 years.

(3.) This appeal has been filed at the instance of the State of Uttar Pradesh. It has been contended by Mr. Ratnakar Das, the learned senior counsel for the State that the finding of the High Court acquitting Siyaram was not justified as he had been tried for the offence under Section 307/34 and merely because the shot fired by him had not hit the intended victim, was not a valid ground for acquittal. In so far as Jiya Lal is concerned Mr. Das has submitted that the sentence had been drastically reduced which was not justified in the circumstances.