(1.) This criminal appeal is preferred against the judgment and order dated 16.07.2019 passed by learned District and Sessions Judge, Nainital in Sessions Trial No. 58 of 2018, "State vs. Gopal Singh Rawat" whereby the appellant was convicted for the offence punishable under Section 304 (2) IPC and sentenced to undergo six years rigorous imprisonment along with a fine of Rs. 5,000/-. In default of payment of fine, he shall serve additional two months imprisonment.
(2.) Learned senior counsel for the appellant does not press this appeal on merits. He submits his arguments only on the quantum of sentence. Since the appellant's counsel does not challenge the conviction, this Court need not go into the merits of the case and, accordingly, the conviction in the aforementioned offence is maintained.
(3.) Learned State Counsel does not seriously object to the prayer made on behalf of the appellant. He fairly concedes that appellant has served about two years three months in the jail.