Order on Board

09/12/2022 Sanjay K. Agrawal, J.

On I.A. No. 1 :-

1. Heard on I.A. No. 1, application for condonation of delay in filing the appeal.

2. Since sufficient cause has been shown for delay in filing the appeal, as such, I.A. No. 1 is allowed and delay in filing the appeal is hereby condoned.

On Admission :-

3. This criminal appeal under Section 377(1) has been preferred by the appellant/State calling in question the impugned judgment dated 27/07/2019 passed by learned First Additional Sessions Judge, Durg in Sessions Trial No. 28/2019 whereby respondent has been convicted for offence punishable under Section 304 Part II of IPC and sentenced to undergo R.I. for 7 years with fine of Rs. 500/- and in default of payment of fine, further R.I. for 15 days.

4. Mr. Sudeep Verma, learned counsel for the appellant/State, would submit that though the instant appeal has been preferred under Section 377(1) of CrPC, but in fact, the relief sought is to convert the conviction of the appellant for offence punishable under Section 304 Part II of IPC to Section 302 of IPC and also to enhance of his jail sentence in the interest of justice.

5. We have heard learned counsel for the appellant/State