JUDGMENT

Ganguly, J. —

Heard learned counsel for the parties.

2. Some important questions have come up for consideration in this case.

3. This appeal is against the concurrent finding of both the courts convicting the appellant under Section 302 IPC and sentencing him to suffer imprisonment for life. The judgment of the Trial Court was rendered by the Additional Sessions Judge at Vadodara in Sessions Case No. 275 of 2001 by judgment and order dated 16.8.2001. The High Court by judgment and order dated 17.3.2009 in Criminal Appeal No. 815 of 2001 affirmed the same.

4. At the stage of SLP, this Court by an order dated 27.7.2009 issued notice only confined to the question as to whether the petitioner is guilty for commission of an offence under any of the parts of Section 304 of the Indian Penal Code and not under Section 302 thereof.

5. Learned counsel for the appellant urged that though at the time of issuing notice, this Court limited its rights to raise points only within the confines of Section 304 of Indian Penal Code, the Court is not bound at the time of final hearing with that direction given while issuing notice and the appellant is entitled to urge all questions including h