JUDGMENT

Dipak Misra, J.

1. The centripodal question that arises for consideration in this appeal, by special leave, preferred by the injured, is whether the learned single Judge of the High Court of Judicature for Rajasthan, Bench at Jaipur, while converting the conviction of the respondent- accused from one under Section 307 IPC to one under Section 308 IPC and sustaining the conviction under Sections 148, 147, 326 and 323 IPC read with Section 149 IPC is justified in restricting the period of sentence to seven days which the respondent had already undergone and to impose a fine of Rs.50,000/-, in default of payment of fine, to suffer additional rigorous imprisonment of two years.

2. The factual score, as has been undraped, is that on 19.7.1982 about 3.30 p.m. when Sumer Singh, PW-4, Janak Singh, PW-5, and his younger brother Jai Singh, PW-7, having availed a tractor of another person, were carrying out certain agricultural operation in their field, accused persons, namely, Surajbhan Singh, Bhanwar Singh, Vikram Singh, Surendra Singh and Prithvi Raj alias Pappu, being armed with weapons, arrived at the field. Accused Surajbhan Singh was carrying a sword and other accused persons we