2003 INSC 0472
                                    SUPREME COURT OF INDIA

                                                   Chaman

                                                      Vs.

                                                 State of U.P.

                                        Crl.A.No.934-936 of 1995

                                  (S.N. Variava and B.N. Agarwal JJ.)

                                                 13.02.2003

                                                JUDGMENT

S.N. Variava, J.

1. Heard parties at length.

2. We 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.

3. We have 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 sentence and/or giving benefit of the
said Section arises. We therefore, see no reason to interfere.

4. Accordingly, 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
sentence.

Appeal dismissed.

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