Judgment

Shah, J.-Leave granted.

2. These appeals by special leave are filed by the State of U.P. against the judgment and order dated 28th November, 1997 passed by the High Court of Judicature at Allahabad in Criminal Appeal Nos. 2747-48 of 1980 whereby the High Court accepted the plea bargain and main­tained the conviction of the respondent under Section 304 part 1, IPC but altered the sentence of the period of imprisonment already under­gone (without stating actual period of imprisonment undergone by the respondent) plus a fine of R. 5000/- in default of payment R. I., for six months. The respondent along with two others was charged under Section 302 read with Sections 307 and 34 I.P.C. for committing the murder of one Shyamadeo in Sessions Case No. 233 of 1980. The Sessions Judge, Ballia by his judgment and order dated 28.11.1980 convicted the respondent under Section 304 I.P.C. and sentenced him to undergo eight years R. I. Aggrieved by the said order, respondent preferred an appeal before the High Court and at the time of hearing opted not to challenge the findings of conviction recorded by the trial Court with a view to bargain on the question of sentence. Learned Single Judge