- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court at Gwalior Bench. The appellant was convicted by learned First Additional Sessions Judge, Bhind, for offence punishable under Section 302 read with Section 109 or in the alternative under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC ). He was sentenced to undergo imprisonment for life.
(3.) The High Court by the impugned judgment altered the conviction to Section 304 Part I IPC read with Sections 109 and 34 IPC. He was sentenced to undergo imprisonment for 5 years and to pay a fine of Rs. 20,000/- with default stipulation.;