(1) THE State of Gujarat has filed this appeal under Article 136 of the Constitution praying for conviction being awarded to the respondent under S. 302 Indian Penal Code instead of the conviction under S. 304 Part I awarded to him by the High court. Having regard to the fact that the respondent had gone out of the factory premises after an exchange of words with the deceased Ismailbhai and returned about half an hour later with a knife in his hands and then inflicted a fatal injury on the abdomen of Ismailbhai which has been certified by the doctor R.S. Naik, Public Witness 6 to be an injury sufficient in the ordinary course of nature to cause death, the learned Sessions Judge was justified in awarding conviction to the respondent under S. 302 Indian Penal Code and sentencing him to undergo imprisonment for life. The High court, however, has taken the view that the respondent should have acted under grave and sudden provocation and hence the offence committed by the respondent can be held to be only under S. 304, Part I, Indian Penal Code and modified the conviction of the respondent accordingly and awarded him a sentence of seven years RI for the said conviction. There is force in the contention of the counsel for the State that the High court was not justified in altering the conviction and sentence awarded to the respondent. Even so, due to the long interval of time that has occurred since the High court had rendered the judgment under appeal and the fact that the respondent would have by now served out the sentence awarded to him by the High court, we do not think this is a fit case where we should interfere with the judgment of the High court in exercise of our powers under Article 136 of the Constitution. In that view of the matter, we dismiss the appeal.