JUDGMENT

S.B. Sinha, J.—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 :

4. The parties belong to Mohali Jungle of P.S. Bazpur, District Udham Singh Nagar. They have their own agricultural lands in the said village. The appellant has his own cattle. The cattle belonging to the Appellant used to enter into the agricultural lands of the deceased, Ram Singh, which were adjoining to the agricultural lands of the accused and were separated by a bund. Ram Singh made a number of complaints thereabout to the appellant. On 14.6.2001, again the cattle allegedly dama