JUDGMENT :

A.K.SIKRI, J.

1. Leave granted.

2. We have heard learned counsel for the parties at this stage.

3. The appellant herein has been convicted by the Trial Court for an offence under Section 302 of the Indian Penal Code, 1860 (IPC) and sentenced to undergo life imprisonment and pay a fine of Rs.500/-, in default, to undergo simple imprisonment for three months. This conviction and sentence has been upheld by the High Court vide impugned judgment dated 29.09.2015.

4. In the Special Leave Petition filed by the appellant against the said judgment, notice was issued on the limited aspect as to whether the conviction under Section 302 IPC is justified or it should be converted into one under Section 304 IPC. The matter has been considered focusing on this aspect. We may now recapitulate the facts in brief.

5. According to the prosecution case, original complainant of this case namely, Shantaben @ Dhaniben Somabhai, is the mother of deceased Shakuben. She lodged a complaint before Nabipur Police on 15.03.2008 that her daughter deceased Shakuben was married to accused Lavghanbhai Devjibhai Vasava in Fichwada village about eight years ago. Deceased Shakuben and the accused had been living