JUDGMENT: AFTAB ALAM,J.

1. Heard counsel for the parties

2. Leave granted

3. Appellant no.1 is the informant of the case and appellant no.2 is his father, the injured victim of the offence. They filed this appeal against the judgment and order dated 18 August 2005 passed by the Gwalior bench of the Madhya Pradesh High Court in criminal appeal no.283 of 1998. Before the High Court there were three appellants (respondents before this Court) who were convicted by the trial court under section 307 of Penal Code and sentenced to rigorous imprisonment for five years and fine of rupees 1000=00 each; in case of default in payment of fine they were directed to undergo simple imprisonment for three months. The High Court, by the judgment coming under appeal, acquitted Dault Singh (Appellant no.2 before the High Court) and altered the conviction of Kishan Singh and Devilal(appellants 1 and 3 before the High Court and respondent 1&3 before this Court) from section 307 to section 326 of the Penal Code and reduced their custodial sentence to the respective periods that they had already undergone. In lieu of imprisonment, the High Court punished them with fine of rupees 3500=00 each with the dire