JUDGMENT

Ganguly, J. —

Heard learned counsel for the parties.

2. The State of Rajasthan is in appeal before us impugning the judgment dated 19.2.2003 passed by the High Court whereby the High Court by its judgment disposed of two appeals, being Criminal Appeal No. 401 of 1997 and Criminal Appeal No. 380 of 1997. The appeal of the State is in respect of Criminal Appeal No. 401 of 1997. By the judgment of acquittal rendered by the High Court in the aforesaid criminal appeal, it inter alia, confirmed the conviction of the other accused, namely, Rujdar, Ilias, Muvin, and Manna under Section 323 IPC but modified their sentence awarded to them by enhancing the fine instead of imposing imprisonment.

3. The appeal of the accused Asru, Guncheri, Mohammada, Kalto, Roshan and Titta was allowed and they were acquitted from the charges under Sections 148 and 336/149 IPC.

4. So far as Islam is concerned, the High Court set aside his conviction under Section 302 and converted it under Section 304 Part II IPC considering that Islam had already undergone detention for more than six years. The High Court also imposed a fine of Rs. 30,000(Rupees Thirty Thousand) on Islam and held that the same woul