Penal Code, 1860–Secs. 304 Pt. II & 325/34 [Corresponding Secs. 105 Pt. I & 117(2)/3(5) of BNS, 2023]–Conviction–Reduction of the sentence–Appellant was aged 18-22 years at the relevant time–Youthful indiscretion, lack of maturity, and impulsive conduct are recognized mitigating factors, particularly when the offence is not pre-planned–Co-accused has been extended the benefit of probation u/s. 360 Cr.P.C., notwithstanding his conviction u/s. 304 Pt. II–Parity between co-accused also deserves consideration–Petitioner remained in custody for a considerable period–No allegation of misuse of liberty after granting the bail–Incident occurred in the year 1990–Sending of the appellant back to prison would serve no meaningful or rehabilitative purpose–Sentence reduced to the period already undergone.
