Judgment :

Madan B. Lokur, J.

1. The question agitating us relates to the circumstances (if any) under which a conviction for murder under Section 300/302 of the Indian Penal Code, 1860 (IPC) could be altered into a conviction under Section 322/325 of the IPC (voluntarily causing grievous hurt) or under Section 326 of the IPC (voluntarily causing grievous hurt by dangerous weapons or means), ignoring or overlooking the intermediate possibility of a conviction under Section 304 of the IPC.

2. The question has arisen since in this appeal, despite a death having resulted in an incident involving the respondents, their conviction for murder by the High Court has been altered to a conviction for voluntarily causing grievous hurt, ignoring or overlooking a homicide.

The facts

3. On 14th December, 1996 the appellant (Richhpal Singh Meena) and a few others were sitting beside a well near the agricultural fields. Richhpal's father Sunderlal Meena (deceased) had gone to inspect the fields. While he was there, Sunderlal met Kailash, Ghasi, Lala and their respective wives and their mother. Soon thereafter, there was a hot exchange of words between them regarding damage to the embankment in t