JUDGMENT :

Leave granted.

2. This Criminal Appeal is directed against the judgment dated 26th July, 2017 passed by the High Court of Uttarakhand whereby the appellant’s criminal appeal against the judgment and order dated 11th/12th July, 2013 rendered by Learned Sessions Judge, Bageshwar convicting the appellant under Sections 302 and 307 of Indian Penal Code (for short, ‘IPC’) and sentencing him to undergo life imprisonment (under Section 302, IPC) and 5 years’ rigorous imprisonment (under Section 307, IPC) along with a fine of Rs. 20,000/- in default whereof he was directed to undergo 6 months’ additional rigorous imprisonment, was dismissed. The appellant was, however, acquitted for offence punishable under Section 25 of the Arms Act for want of the requisite sanction.

3. It may be mentioned at the outset that notice of the special leave petition was issued on the limited question to determine the nature of offence committed by the appellant i.e. whether it falls under the ambit of Section 302 or 304 of IPC. To determine this question the facts may be briefly noted.

Facts:

4. On 21st April, 2007, the marriage ceremony of the Appellant’s son was taking place at village Dafaut, Uttarak