JUDGMENT

D Dash, J. - The Appellant having faced the Trial in the court of learned Sessions Judge, Koraput in C.T. Case No. 196 of 2003 for commission of offence under section 302 of the Indian Penal Code (for short, the IPC ), has been convicted thereunder and sentenced to undergo imprisonment for life.

Being aggrieved by the said judgment of conviction and order of sentence, he has filed the Appeal.

The Hon ble Division of this Court having heard the Appeal delivered the judgment. The Bench delivered two judgments. While one of the Hon ble Judges is of the opinion that the Appellant has been rightly convicted by the Trial Court for commission of offence under section 302 of the IPC and sentenced to imprisonment for life; the other Hon ble Judge in expressing the difference of opinion having arrived at a conclusion that the Appellant is not guilty of the commission of offence under section 302 of the IPC, has held him guilty for the offence under section 304, Part-I of the IPC and accordingly, he has been sentenced to undergo rigorous imprisonment for a period of ten years. The matter is thus placed before me as provided under sections 370 and 392 of the Code of Criminal Procedure a