ORDER

Lokeshwar Singh Panta, J. —

1.Delay condoned.

2.Special leave granted.

3.This appeal arises out of judgment dated 26.10.2007 passed by the High Court of Madhya Pradesh, Bench at Gwalior, whereby and whereunder the appeal preferred by the appellant has been partly allowed. By the impugned judgment, the learned Single Judge of the High Court altered the conviction of the appellant from Section 307 of the Indian Penal Code (for short ‘IPC’) to Section 324 IPC recorded by the learned Sessions Judge, Morena, in Sessions Trial No. 190/1999 and sentenced him to suffer rigorous imprisonment for 3 years instead of 7 years as imposed by the trial judge. Fine of Rs.2,000/-, out of which a sum of Rs.1,500/- was ordered to be paid to Smt. Shakuntla Bai (PW-4) widow of deceased Krishna Sharma, has not been interfered with.

4.The incident leading to the prosecution of the appellant occurred on 20.08.1994 at Village Purawas Khurd, Police Station Sihoniy, District Morena, Madhya Pradesh. According to the prosecution, one month prior to the day of the incident, Shri Krishna Sharma purchased a she-buffalo from appellant Ramdas for a consideration of Rs.5,000/-. It was agreed between the parties that