At the SLP stage,this Court,by order dated 27.07.2009,issued notice confined only to the question as to whether the petitioner was guilty of commission of an offence under any of the parts of S.304 Indian Penal Code,1860 (in short 'IPC') and not u/s.302 IPC.Similar request was made before the Bench that the appellant was entitled to urge all the questions including his right to urge that he should have been acquitted in the facts and circumstances of the case