SURENDRA SINGH ALIAS BITTU Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is before us being aggrieved by and dissatisfied with a judgment and order dated 15-9-2005 passed by the High Court of Uttaranchal in Criminal Appeal No. 148/2002, whereby and whereunder an appeal preferred by him from a judgment dated 17-6-2002 of the Fast Track Court, Kashipur (Udhamsingh Nagar), convicting him for an offence under Section 302 of the Indian Penal Code (IPC, for short) was dismissed.

(3.) Having regard to the fact that a limited notice was issued in the matter, namely, as to whether the judgment of conviction under Section 302 IPC should be altered to one under Section 304 IPC, we need only notice the facts relevant to that aspect: