LawDistill
Supreme Court of India

NATHOO LAL vs STATE OF U.P on 5 October, 2009

Cites 2 provisionsCites 0 judgmentsCited by 0
Crl.A. No.-001876-001876 - 2009Official PDFBench Harjit Singh Bedi, Balbir Singh ChauhanAdvocates MRIDULA RAY BHARADWAJ | ANUVRAT SHARMA
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1876 OF 2009
[arising out of SLP(CRL.) No. 3020 of 2009]
NATHOO LAL & ANR.APPELLANTS
VERSUS
STATE OF U.P.RESPONDENT
O R D E R

Leave granted.

The appellants were brought to trial for an offence

punishable under Section 302 of the Indian Penal Code and

convicted under Section 304 Part (II) IPC on 29th January

1982. This judgment had been confirmed in appeal by the

High Court with the modification that the conviction has

been converted into one punishable under Section 304 Part II

IPC and the sentence reduced from eight to five years.

When this matter came up before this Court on 1st May,

2009 notice was issued limited to the extent of the nature

of offence only.

We have heard the learned counsel on this limited

aspect. We see no reason to interfere with the finding of

conviction. We find, however, that the incident had taken

place on 17th October, 1980 when the appellants herein were

young men. They are now stated to be more than 65 years of

age. We also understand that they have undergone about 9

months of the sentence. Keeping in view the facts and

circumstances of the case, we dismiss the appeal but reduce

the sentence under Section 304 Part II IPC to three years

rigorous imprisonment, the other parts ofs the sentence

being retained as it is.

The appeal is dismissed with the above observations.