JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 11.12.2018 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No. 110 of 2016, by which the High Court has allowed the said appeal preferred by the respondent-accused and has held that culpable homicide in the instant case is not murder and consequently has converted the sentence from life imprisonment to ten years rigorous imprisonment, the State of Uttarakhand has preferred the present appeal.

2. That the respondent herein-original accused was charged and tried for the offence punishable under Section 302 IPC for having committed the murder of one Virendra Singh. As per the case of the prosecution, on 26.11.2014, the entire village was celebrating Mehendi Ceremony on the occasion of the wedding of one Anil. In the ceremony, the entire village participated including the deceased Virendra Singh and the accused Sachendra Singh Rawat. In the night, some altercations took place between the deceased Virendra Singh and the accused Sachendra Singh Rawat. But due to intervention of the villagers, the matter did not proceed further. After the dinner, at about 12:00 in