1

        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

2

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.   

     ..................J      [HARJIT SINGH BEDI]

    ..................J      [DR. B.S. CHAUHAN]

NEW DELHI OCTOBER 05, 2009.

3