ORDER :

M.K. MUKHERJEE, J.

1. Lokendra Singh, the appellant herein, along with his mother, brother and sister was tried by an Additional Sessions Judge, Indore to answer the charge of committing the murder of Lalita, wife of the appellant on 13-12-1985. An alternative charge under Section 306 Indian Penal Code was also framed against them for abetting the commission of suicide by Lalita. The trial Judge convicted all of them under Section 302 Indian Penal Code but did not record any finding in respect of the charge under Section 306 Indian Penal Code. In the appeal preferred by the above four convicts, the High Court acquitted all of them of the charge under Section 302 Indian Penal Code but convicted the appellant under Section 306 Indian Penal Code, with a finding that the latter was a minor offence in relation to the former. Assailing the judgment of the High Court, the appellant filed this appeal after obtaining special leave.

2. While granting leave, this Court issued a suo motu notice calling upon the appellant to show cause why his acquittal under Section 302 Indian Penal Code should not be set aside and appropriate order passed.

3. Law is well settled that in respect of a charg