(1.) Heard Sri Anil Kumar Singh, learned counsel for the revisionist and learned A.G.A. for the State.
(2.) This is a revision under Section 439/401 Cr.P.C. filed by the revisionist-convict, who was tried for an offence under Section 307/34 I.P.C. in Sessions Trial No. 101 of 1988. Sri Tahir Ali, Assistant Sessions Judge, Etah, vide judgment dated 16.12.1989 convicted the revisionist under Section 307 I.P.C. and sentenced him to undergo rigorous imprisonment of 5 years with fine of Rs. 2,000/-. In case of non-payment of fine, revisionist was to undergo one year further rigorous imprisonment.
(3.) The revisionist alongwith another accused, who was also convicted under Section 307/34 I.P.C., preferred Criminal Appeal No. 127 of 1989. Sri S.K.Srivastava, Sessions Judge, Etah partly allowed the appeal. While upholding conviction under Section 307 I.P.C., the sentence was reduced to three years instead of five years rigorous imprisonment, but the amount of fine was maintained vide judgment and order dated 02.02.1991.
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