Vs. State of U. P  Insc 77 (13 February 2003)
N. Variava & B. N. Agrawal S. N. Variava, J.
parties at length.
have been taken through the evidence and other materials on record. We are in
agreement with the findings that the prosecution has proved its case beyond a
reasonable doubt as against the Appellant. The High Court has rightly held that
the offence which is made out is under Section 304 Part II I.P.C. We therefore
find no infirmity in the Judgment of the High Court.
also considered the submission that the Appellant should be given the benefit
of Section 5 of the United Provinces Borstal Act, 1938. Considering the fact
that the High Court has already taken a very lenient view and sentenced the Apppellant,
under Section 304 Part II, only for a period of 5 years, no case for further
reduction of the sentence and/or giving benefit of the said Section arises. We
therefore see no reason to interfere.
the Appeals stand dismissed. The bail bond shall stand cancelled. The Appellant
should be taken into custody forthwith to serve out the remaining period of