JUDGMENT :

NAVIN SINHA, J.

1. The present two appeals have been preferred by the complainant and the State respectively. The challenge is to the orders of the High Court, by which the respondents nos.3 and 4 have been acquitted, and the conviction of the respondents nos.1 and 2 to life imprisonment under Section 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) has been altered to one under Section 304 Part I/34 sentencing them to seven years.

2. The complainant and the accused are related to each other. There was a land dispute between them. A civil suit is also stated to have been pending. On 07.06.2002, the deceased along with others were returning to their village. When they reached near the house of one Yeellappa Patil, the accused persons are alleged to have assaulted them leading to homicidal death. The trial court convicted all the four accused. The High Court in appeal concluded from the materials on record that the assault was made on the spur of the moment without premeditation and that both sides having suffered injuries the conviction ought to be altered under Section 304 Part I, IPC. Two of the accused were acquitted as their presence was found to