( 1 ) THIS appeal is directed against a judgment dated 16. 3. 2000 by which the appellants were convicted under Sections 307/34, IPC and the order on sentence dated 19. 8. 2000 by which they were sentenced to undergo RI for 3 years each and pay a fine of Rs. 2,000/- each. In default of payment of fine, the defaulter was directed to undergo further SI for three months.

( 2 ) LEARNED Counsel for the appellants has not pressed this appeal on. merits but has confined his prayer to convert the offence from Sections 307/34, ipc to Sections 324/34, IPC and thereafter grant benefit of Section 4 of the probation of Offenders Act to the appellants inasmuch as appellant Nos. 1 and 2 are Government servants and appellant No. 4 is more than 70 years of age. Appellant No. 3 Jai Kishan has expired during the pendency of the appeal.

( 3 ) I have heard learned Counsel for the appellants and learned Counsel for the State. I have gone through the records.

( 4 ) THE facts relevant for the disposal of this appeal, briefly stated, are that the appellants and the accused are close relatives having dispute over the possession of a plot of land in Village Khera. The injured PW-2 Rajdev and