STATE OF RAJASTHAN Vs. PRAKASH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Leave granted.

(3.) On being aggrieved by the judgment and order dated 29.5.2013 passed by the High Court of Judicature for Rajasthan at Jodhpur, the appeal has been preferred by the State of Rajasthan. The trial court has convicted the respondent for commission of an offence under section 302 and section 458 IPC and sentenced to life imprisonment with a fine of Rs.2,000/- and RI for seven years and a fine of Rs.1,000/- respectively for the aforesaid offences. While maintaining conviction and sentence under section 458 IPC, the High Court has altered conviction from section 302 to section 304 Part II and sentenced him to the period already undergone, i.e. 8 years and 7 months.