(1.) Leave granted.
(2.) Feeling aggrieved and dissatisfied with the impugned Judgment and Order dated 26.02.2016 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 3056 of 2008, by which the High Court has partly allowed the said appeal preferred by the appellantoriginal accused and has converted the conviction of the appellantoriginal accused from Section 302 IPC to Section 304 Part I IPC, the original accused has preferred the present appeal.
(3.) While assailing the impugned judgment and order passed by the High Court, the learned counsel appearing on behalf of the appellantoriginal accused has vehemently submitted that, as such, the High Court has not at all dealt with and/or considered and/or discussed the evidence on record and has confirmed the conviction of the accused. It is vehemently submitted that the appeal before the High Court was the first appeal against the conviction and, as such, being the first appellate Court, the High Court was required to deal with each and every question raised by the appellant-accused. It is submitted that without even considering and/or discussing the evidence on record and without considering the submissions made by the learned advocate appearing on behalf of the accused, the High Court has affirmed the conviction though, however, has modified the conviction from that of Section 302 IPC to Section 304 Part I IPC.