STATE OF U P Vs. KISHAN

JUDGEMENT

(1.) Leave granted.

(2.) 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 as disposed of by reducing the respondent 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.

(3.) The respondent (hereafter referred to as the ‚accused?) was found guilty by the learned Sessions Judge, Sitapur. 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. The injury was caused by a spade over a land dispute. Though the accused was charged for commission of offence punishable under Section 302 IPC, the trial Judge held that appropriate conviction would be under Section 304 Part II IPC and rigorous imprisonment for 7 years was awarded. Before the High Court the accused did not press appeal on merits but only addressed on the question of sentence. It was submitted that the alleged occurrence took place in 1988 and a lenient view should be taken. The High Court practically by an unreasoned and non-speaking order which is impugned in this appeal disposed of the appeal reducing the custodial sentence as afore-noted. All that the High Court said in the judgment is as follows: