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Judgment
Leave granted.
The correctness of the impugned judgment and order dated 04.01.2016 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 2021 of 2004 enhancing the sentence of imprisonment for conviction of the appellant for the charge under Section 307 of the Indian Penal Code is questioned in this appeal before us. Learned counsel for the appellant submits that enhancement of sentence is totally uncalled for the reason that the learned trial court has appreciated the evidence on record as also the medical evidence and rightly convicted and sentenced the appellant for three years'' sentence with fine and default sentence and the same could not have been enhanced by the High Court in exercise of its appellate jurisdiction.
Having regard to facts and circumstances of the case and after carefully going through the impugned judgment and order and the material evidence on record, in our considered opinion, while upholding the conviction, we modify the impugned judgment and order with regard to the sentence and reduce the sentence of the appellant from seven years to five years.
This order is being passed without notice to the respondent-State. If the State is aggrieved of this order, it may approach this Court seeking for modification of this order.
The appeal is disposed of with the aforesaid modification.
Pending application(s), if any, also stand(s) disposed of.