ORDER :

B.N. Agrawal, J.

Heard learned counsel for the parties.

2. The appellant, along with accused-Dhanasekaran, was tried and by judgment rendered by the trial court accused- Dhanasekaran was convicted under Section 302 of the Indian Penal Code [for short, 'Indian Penal Code'] and sentenced to undergo imprisonment for life and to pay fine of Rs. 5,000/-; in default to undergo further imprisonment for a period of six months. So far as the appellant is concerned, he was convicted under Section 304 Part II Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 3,000/-; in default to undergo further imprisonment for a period of three months.

3. Before the High Court, two appeals were preferred by the convicted accused persons, including the appellant, whereas third appeal was preferred by the State. The appeals filed by the accused persons have been dismissed, whereas the same filed on behalf of the State allowed and conviction of the appellant has been altered from Section 304 Part II Indian Penal Code to Section 302 read with Section 34 Indian Penal Code and he has been sentenced to undergo imprisonment for life. So far as a