JUDGMENT :

Satish Chandra Sharma, J.

1. Leave granted.

2. The present appeal is arising out of a judgment of conviction and order dated 23.02.2018, passed by Sessons Judge, Firozabad in S.T. No. 290 of 2016 titled ‘State of U.P. v. Shahid Ali’ whereunder, the Appellant was convicted and sentenced to undergo (i) rigorous imprisonment for life with a fine of Rs. 10,000/- under Section 302 IPC and in default of payment of fine, to undergo six months rigorous imprisonment; and (ii) 5 years rigorous imprisonment under Sections 25/ 27 of the Arms Act, 1959 (the “Arms Act”) with fine of Rs. 5,000/- and in default of payment of fine, to undergo rigorous imprisonment for three months.

3. The judgment of conviction and sentence was unsuccessfully assailed by the appellant before the High Court of Judicature at Allahabad (the “High Court”) vide Criminal Appeal No. 1462 of 2018, titled ‘Shahid Ali v. State of U.P.’ which came to be dismissed by the High Court vide an order dated 04.04.2019 (the “Impugned Order”).

4. On 03.12.2021, this Court issued notice limited to the question of nature of offence, that is, as to whether the Appellant could be held guilty of the offence under Section 304 Part I o