JUDGMENT :

DINESH MAHESHWARI., J.

1. Leave granted.

2. In this appeal, the appellant-State of Madhya Pradesh has called in question the judgment and order dated 27.11.2012 in Criminal Appeal No. 260 of 1998 whereby, the High Court of Madhya Pradesh, even while upholding the conviction of accused (respondent herein) for the offence punishable under Section 304 Part II of the Indian Penal Code ('IPC'), has modified the sentence of 3 years' rigours imprisonment as awarded by the Trial Court to that of the period already undergone i.e., 3 months and 21 days.

3. The only question calling for determination in this appeal is: As to whether, in the given set of facts and circumstances, the High Court was justified in interfering with the punishment awarded by the Trial Court by reducing the same to the period of imprisonment already undergone?

4. The background aspects of the case, so far relevant for the question at hand could be noticed as follows: The prosecution case had been that on 13.05.1996, at about 4:30 p.m., the respondent assaulted his father Tulsiram with a blunt object causing fracture on the parietal region of skull; and the same night, victim succumbed to the injury at Betul Hos