JUDGMENT

RANGANATH MISRA, J.:— This appeal by special leave is directed against the judgment of the Delhi High Court. The appellant along with others was put on trial for offences punishable under section 302/34 and S. 449/34, I.P.C. for having assaulted one Ranjit Singh who succumbed to the injuries. The learned trial Judge convicted the appellant under S. 302, I.P.C. and sentenced him to imprisonment for life while the co-accused were convicted for minor offences and sentenced to different terms of imprisonment. The appellant was also convicted for the offence under S. 449, I.P.C. and sentenced to two years rigorous imprisonment. On appeal the High Court while upholding the guilt of the appellant modified the conviction to one under S. 304, Part II, I.P.C. and sentenced him to rigorous imprisonment of 10 years and to pay a fine of Rs. 2,000/- with a default sentence of 11/2 years rigorous imprisonment. The High Court upheld the conviction and sentence for the offence under S. 449, I.P.C.The modified judgment of the Delhi High Court is assailed in this appeal.

2. The parties are close relations. One Mela Singh had two sons - Kirpal Singh and Ranjit Singh. The two brothers lived in