JUDGMENT

K.S. Panicker Radhakrishnan , J.

1. We are in this case concerned only with the question whether Division Bench of the High Court in Writ Appeal No. 172 of 2001 was correct in holding that no case has been made out attracting the first exception to Section 300 Indian Penal Code so as to convert the conviction Under Section 302 to 304-I Indian Penal Code

2. The Appellant Sukhlal Sarkar was working as a constable in Border Security Force (BSF). He was convicted Under Sections 302 and 307 Indian Penal Code for offences committed in the intervening night of 13/14th July, 1996. The General Security Force Court (GSFC) after conducting the full dress trial convicted him under Section 302 Indian Penal Code and sentenced him to undergo rigorous imprisonment for life. The order was confirmed by Confirming Officer, Inspector General, (IG) BSF.

3. Dissatisfied with the order, the Appellant filed the writ petition (W.P.(C) No. 562/1999) which was partly allowed by an order dated 13.09.2001 by the learned Single Judge by converting the conviction from Section 302 Indian Penal Code to Section 304-I, Indian Penal Code reducing the sentence from life term to 10 years rigorous imprisonment.

4. A