MOHD. ISMAIL ALIAS AND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE Appellant was convicted by the trial Court under Section 304 Part II of the Indian Penal Code (for short "IPC") and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 1000, in default to undergo further imprisonment for a period of one month. Before the High Court, the Appellant preferred an appeal against conviction; whereas the State of Gujarat also filed an appeal challenging his acquittal of the charge under Section 302 IPC. By the impugned judgment, the High Court dismissed the appeal filed by the Appellant, whereas the appeal filed on behalf of the State was allowed and conviction of the Appellant was converted from Section 304 Part II IPC to Section 302 IPC and sentenced him to undergo imprisonment for life and to pay fine of Rs. 1000; in default to undergo further imprisonment for a period of six months. Hence, these appeals.

(3.) THE appeals, accordingly, fail and the same are dismissed.