VIJAY DUBEY Vs. STATE OF U. P.

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Criminal Procedure Code (hereinafter referred to as "Cr.P.C.") has been filed by sole appellant, Vijay Dubey, against judgment and order dated 03.06.1988 passed by Sri J.M. Paliwal, Additional Sessions Judge, Karvi (Banda) in Session Trial No. 65 of 1986 convicting appellant under Section 307 IPC and sentencing him for four years rigorous imprisonment.

(2.) Sri Utsav, learned counsel appearing for accused-appellant, at the outset, did not challenge the findings recorded by Trial Court on conviction but submitted that punishment be reduced to the period already undergone since it is a matter of 1988 and more than 32 years have already passed. It is further submitted that accused-appellant has already undergone some period of sentence and no useful purpose would achieve in case he is sent to jail, at this stage. Appellant is also ready to pay reasonable compensation to injured.

(3.) Learned A.G.A. appearing for State has vehemently opposed the prayer by submitting that appellants have cause injuries to victim by firearm. He further submits that in case sentence is reduced to the period already undergone, the victim be paid compensation as provided under Section 357 Cr.P.C.