JUDGMENT

M. R. Shah, J.

Leave granted.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 18.01.2017 passed by the Madurai Bench of the High Court of Judicature at Madras in Criminal Appeal (MD) No. 122 of 2016 by which the High Court has dismissed the said appeal and has confirmed the Judgment and Order of conviction and sentence passed by the learned IV Additional District and Sessions Court, Tirunelveli in Sessions Case No. 354 of 2012, convicting the appellant herein - the original accused for the offence punishable under Section 302 IPC, the original accused has preferred the present appeal.

3. At the outset, it is required to be noted that vide order dated 01.04.2019, this Court has issued a notice in the present appeal limited to the extent as to whether the conviction ought to have been under Section 304 Part II or Section 302 IPC. Therefore, this Court is required to consider whether the appellant herein - the original accused has been rightly convicted for the offence punishable under Section 302 IPC or is to be convicted for any other lesser offence, viz. Section 304 Part II IPC.

4. Learned counsel appearing on behalf of the appellant - original