APEAL. 1393-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 1393 OF 2011 The State of Maharashtra ... Appellant Vs. Sachin Dada Salgar ... Respondent *** Ms. A. T. Jhaveri, APP for the Appellant. *** CORAM : V. M. KANADE, & M. L. TAHALIYANI, JJ. DATE : NOVEMBER 17, 2011 PC: 1. This appeal has been filed by the State of Maharashtra, challenging the order of the trial Court whereby the respondent/accused was convicted for the offence punishable under Section 304 Part-II of the I. P. Code and sentenced to suffer rigorous imprisonment for five years. It is submitted that taking into consideration the injuries which are caused to the deceased and the manner in which the offence was committed by the respondent, the sentence of five years is grossly inadequate. 2. In the present case, it is an admitted position that apart from challenging the impugned judgment & order in the present appeal for enhancement of the sentence, the State has also preferred APEAL. 1393-11 - 2 - an application for leave to appeal against all the accused, including the present respondent. We have after going through the judgment and order of the trial court granted the leave to file an appeal against the impugned order and the appeal is admitted. 3. Therefore, if the applicant-State succeeds in the said appeal and if the conviction is altered from Section 304 Part-II to Section 302 of the I. P. Code, the sentence will automatically be enhanced. Even otherwise, after having perused the reasons given by the trial court on the point of sentence, in our view, for the offence punishable under Section 304 Part II, the sentence of five years rigorous imprisonment cannot be said to be grossly inadequate. The trial court has exercised the discretion which is vested in him while awarding the sentence for the said offence. In our view, said discretion is judiciously exercised and we do not see any reason, even otherwise, to interfere with the said order. Criminal Appeal is, therefore, disposed of. [M. L. TAHALIYANI, J.] [ V. M. KANADE, J.]