ORDER

1. Heard learned counsel for the parties.

2. This appeal takes exception to the judgment and order dated 8th October, 2015 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal (for Enhancement) No.1438 of 2014.

3. The accused-appellant was convicted by the Trial Court for the offence punishable under Section 302 of the Indian Penal Code but the sentence imposed was only for seven years, which was assailed by the State before the High Court in the aforementioned appeal.

4. The High Court was pleased to set aside the sentence awarded by the Trial Court and instead ordered the accused-appellant to undergo imprisonment for life for the offence under Section 302 of the Indian Penal Code.

5. This Court, on 09.05.2016, while issuing notice, had observed thus :-

"......Learned counsel for the petitioner submits that the High Court would have been well advised to convict the petitioner under Section 304 Part II of the Indian Penal Code instead of Section 302 of the Indian Penal Code."

6. The only question canvassed before us, therefore, is the nature of offence and the sentence to be imposed therefor.

7. It is noticed from the record that the prosecution case itself was