JUDGMENT

In both these appeals the appellant is Moti Lal. He was tried along with 14 others for offences punishable under Sections 302 read with 149, 148, 147, 325 read with 149 and 323 read with 149, I.P.C. The trial Court acquitted 12 persons and convicted the appellant and two others namely, Badri Prasad and Daryao Bai under Sections 302 read with 149, 148, 325 read with 149 and 323 read with 149, I.P.C. The three convicted accused preferred an appeal to the High Court. The High Court acquitted the other two but convicted the appellant under Section 304 Part I, I.P.C. and sentenced him to undergo seven years rigorous imprisonment. Later an application was filed before the High Court under Section 482, Cr.P.C. with the prayer that the conviction cannot be given under Section 304 Part I, I.P.C. since the injury said to have been caused by the appellant was not serious and necessarily not fatal. The High Court exercising jurisdiction under Section 482, Cr.P.C. accepted the plea and altered the conviction to Section 324, IPC and sentenced the appellant to 3 years RI and to pay a fine of Rs. 1,000/- in default of payment of which to undergo RI for four months. Not being satisfied with