Judgment

ARUIT PASAYAT, J.- Leave granted.

2. The State of U.P. is in appeal against the judgment of the learned Single Judge of the Allahabad High Court, Lucknow Bench. By the said impugned judgment, Criminal Appeal No. 37 of 1995 was disposed of by reducing the respondents sentence of 7 years RI imposed in respect of offence punishable under Section 304 Part II of the Indian Penal Code, 1860 (in short "IPC") to the period already undergone with a direction to pay fine

of Rs 15,000 with default stipulation of one-year RI.

3. The respondent (hereafter referred to as "the accused") was found guilty by the learned Sessions Judge, Sitapur. The accused had faced trial for offence punishable under Section 302 IPC for having caused homicidal death of one Chetai (hereinafter referred to as "the deceased") on 7-5-1988. The injury was caused by a spade over a land dispute. Though the accused was charged for commission of offence punishable under Section 302 IPC, the trial Judge held that appropriate conviction would be under Section 304 Part II IPC and rigorous imprisonment for 7 years was awarded. Before the High Court the accused did not press appeal on merits but only addressed on the qu