SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal is directed against the judgment dtd. 6/11/2018 affirming conviction of the accused appellant under Ss. 302 and 449 of the Indian Penal Code, 1860 (hereinafter being referred to as the "IPC") and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.5000.00­ for the offence punishable Sec. 449 IPC and to undergo imprisonment for life and to pay a fine of Rs.5,000.00­ for the offence punishable under Sec. 302 IPC.

(3.) Limited notice was issued by this Court with respect to the sentence awarded taking note of the submission of the learned counsel for the appellant that whether the case falls within the contours of Sec. 304 Part-­I IPC and not under Sec. 302 IPC which reveals from the Order dtd. 8/1/2020.