JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. The appeal arises out of the final judgment and order dated 23rd May 2022 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No. 46 of 2018, thereby upholding the judgment and order dated 1st December 2017 passed by the Additional Sessions Judge-II, Solan (hereinafter referred to as ‘Trial Court’) vide which the present appellant-accused Nirmala Devi was convicted for the offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and sentenced to undergo imprisonment for life.

3. When the matter first came up before us, we had issued notice vide order dated 7th November 2022, for the limited issue of converting the sentence from Section 302 IPC to either part I or II of Section 304 IPC. Vide the same order, we had directed the appellant-accused to be released on bail on such terms and conditions as may be imposed by the Trial Court.

4. As such, the short issue before us is as to whether, in the facts and circumstances of the present case, the sentence imposed upon the appellant-accused under Section 302 IPC can be converted into part I or II of Section 304 of IPC.

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