JUDGMENT

 Special leave granted limited to the question of nature of offence and the sentence.

2. Jai Karan deceased was given a hammer blow on his head by the appellant. He along with his father and brother Sat Narain were tried for committing the said murder. The Trial Court relied upon the testimony of PW6. PW7 and PW8 and convicted the appellant for an offence under S. 302. IPC and his brother and father for an offence under S. 302/34. IPC. The High Court on appeal set aside the conviction and sentence of the father and brother of the appellant. The High Court also acquitted the appellant for the offence under S. 302, IPC but found him guilty of an offence under S. 307, IPC and sentenced him to undergo 7 years rigorous imprisonment and a fine of Rs. 250/- and in default one month R.1.

3. In our opinion. the guilt of the appellant for causing an injury to jai Karan stands amply established from the prosecution evidence on the record. The only question which requires consideration is the nature of the offence committed by the appellant and the sentence.

4. According to the evidence of PW 11, Dr.S.K.Khanna of the Maulana Azad Medical College, who conducted the post-mortem examinatio