SUNIL KUMAR SINGH Vs. STATE

JUDGEMENT

(1.) Heard Sri Rajiv Kumar Mishra, learned counsel for the accused-appellant Sunil Kumar Singh, Sri Nafees Ahmad and Sri Bhanu Prakash Singh, learned A. G. A. for the State in the present appeal and Sri Nafees Ahmad and Sri Bhanu Prakash Singh, learned A. G. A. for the State-appellant in the connected Government Appeal Nos. 1086 of 1984 and 1088 of 1984.

(2.) The instant criminal appeal has been preferred by the accused-appellant Sunil Kumar Singh against the judgment and order of conviction dated 04. 02. 1984 passed by III-Additional Sessions Judge, Varanasi, in Sessions Trial No. 133 of 1981, State Vs. Sunil Kumar Singh and another, arising out of Case Crime No. 207 of 1980, under Section 304 Part-II read with Section 34 I.P.C. , Police Station Cant, District Varanasi whereby the accused-appellant Sunila Kumar Singh has been convicted under Section 304 Part-II read with Section 34 I.P.C. and instead of being sentenced, he was directed to be released on probation for two years to maintain peace and be of good behaviour on his furnishing a personal bond of Rs. 4,000/- along with two sureties each in the like amount.

(3.) The aforesaid Government Appeal No. 1086 of 1984 (State of U. P. Vs. Sunil Kumar Singh and another) was preferred by the State against the same judgment and order of acquittal dated 4.2.1984 and the aforesaid Government Appeal No. 1088 of 1984 (State of U. P. Vs. Sunil Kumar Singh and another) has been preferred by the State for enhancement of the sentence.