ORDER

1. Heard learned counsel for the parties.

2. The appellant along with other two accused persons, namely, Koppula Ushaiah and Smt K. Ansuya were tried and all of them were convicted under Section 302 read with Section 34 of the Indian Penal Code (for short "IPC") and sentenced to undergo imprisonment for life and to pay fine of Rs 1000 each, in default to undergo rigorous imprisonment for a period of three months. On appeal being preferred, the High Court acquitted the other two accused persons whereas so far as the appellant is concerned, converted his conviction from Section 302 read with Section 34 IPC to Section 302 IPC. Hence, this appeal by special leave on his behalf.

3. Undisputedly, all the three accused persons were charged under Section 302 read with Section 34 IPC for sharing common intention to commit murder of the victim. The other two accused persons as stated above, have been already acquitted by the High Court. There is neither any allegation nor evidence that the appellant alone inflicted all the injuries or the fatal one. This being the position, the appellant could not have been convicted under Section 302 simpliciter but could have been convicted only with