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2004 Supreme(SC) 1056

Y.K.SABHARWAL, D.M.DHARMADHIKARI
State Of U. P. – Appellant
Versus
NANKAU PRASAD MISRA – Respondent


ORDER

1. Having regard to the facts and circumstances of the case, delay in filing the special leave petition is condoned.

2. Leave granted.

3. This is yet another order from the same learned Judge of the High Court of Judicature at Allahabad whereby, maintaining the convictions, the sentences have been reduced to the period already undergone in respect of the offence punishable under Section 304 Part II read with Section 34 IPC, besides inflicting fine. The same order has also been made in respect of offence punishable under Section 324 IPC. For offence under Section 304 Part II read with Section 34 IPC, the trial court had sentenced the respondent Raj Narain for a period of five years and for offence under Section 324, respondent Nankau Prasad Misra was sentenced for one year and for five years for the offence under Section 304 Part II. Further, the respondents Rajesh Misra and Raj Narain were sentenced for offence under Section 323 read with Section 34 IPC for one year which too has been reduced to the period already undergone and fine was imposed. Their sentence of five years in respect of offence under Section 304 Part II has also been reduced to the period already undergone.




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