JUDGMENT :

Sanjay Karol, J.

1. Leave granted.

2. The present appeal arises from the final judgment and order dated 19.04.2019 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 679 of 1987, which confirmed the judgment and order dated 03.03.1987 passed by IInd Addl. District & Sessions Judge Varanasi (hereinafter “Trial Court”) vide which the present appellant, Pramod Kumar Mishra was convicted under Section 307 of the Indian Penal Code (hereinafter “IPC”) and sentenced him to undergo 5 years rigorous imprisonment. Co-accused Jawahar and Suresh were acquitted by the Trial Court.

3. This Court vide order dated 10.02.2023, had issued notice, limited to the question of sentence awarded to the appellant. Therefore, the question which arises before this Court is whether the sentence imposed by the Trial Court and as upheld by the High Court is just and proper?

4. The prosecution case emerging from the record, also as set out by the Courts below, is that on 12.08.1984, Kapil Deo Misir (hereafter “PW1”) was returning to his house at about 6:00 AM when he saw Pramod Kumar Mishra and other co-accused persons, destroying crops of arhar and junhari in his field. Seeing this