BUDDIN Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant Buddin has challenged the judgment and order passed by the learned II Additional Sessions Judge, Mainpuri whereby he was convicted under Section 307, I.P.C. and sentenced to undergo RI. for 4 years.

(2.) THE learned counsel for the appellant drew my attention towards the circumstances which led to this quarrel resulting in the injury to Sri Nanhu son of Imam All. THE cause of the quarrel was a fight between the children of both sides. THEre was no intention to commit murder by inflicting these injuries. According to the learned counsel for the appellant, the nature of the injuries were found simple in nature and none of the injury was on the vital part of the body. According to the learned counsel for the appellant this incident took place in the year 1975 and the appellant has undergone humiliation and suffering during this entire period of trial and appeal. According to the learned counsel for the appellant no case under Section 307,I.P.C. is made out against this accused.

(3.) ON the point of sentence it has been pointed out that the incident is of the year 1975 and the appellant has faced the trial for a long time and this appeal has been listed after 19 years. He also pointed out that the appellant has remained in jail for sometime.