State of Uttarakhand vs Sunya Sahi @ Channu Singh

Prafulla C. Pant, J.—This is Delay Condonation Application No. 1351 of 2010, for condonation of delay in filing the appeal against the judgment and order dated 19.8.2010 passed by Additional Sessions Judge-IV, Dehradun, in Sessions Trial No. 74 of 2006.

There is delay of seven days, which has sufficiently been explained in the affidavit accompanying the application. The Delay Condonation Application is allowed. Delay is condoned.

Also heard on admission, and perused the impugned judgment and order passed by the trial Court, whereby accused/Respondent Sunya Sahi @ Channu Singh has been convicted u/s 304, Part-2 IPC, and sentenced to rigorous imprisonment for a period of ten years, and also directed to pay fine of Rs. 5,000/- (Five Thousand).

Learned Counsel for the Appellant/State pleaded that this appeal is for enhancement of the sentence.

Having gone through the impugned judgment and order passed by the trial Court, and after considering the submissions of the learned Counsel for the State, this Court finds that it is not a fit case for admission of an appeal for enhancement of sentence.

Therefore, Application for Leave to Appeal No. 90 of 2010 is dismissed. Also, the appeal of the State stands dismissed summarily.