Adarsh Kumar Goel, J. - This appeal has been preferred by the State of Punjab against altering of conviction of the respondents to Section 324 Indian Penal Code from the charge of Section 307 Indian Penal Code.

2. The respondents alongwith three others (since acquitted) were proceeded against, inter alia, under section 307 Indian Penal Code. Case of the prosecution is that on 14.9.1998, at 5.30 P.M., Santokh Singh, PW-4 was going from his house to the cattle shed in the company of his brothers Gian Singh, PW-3 and Gurmukh Singh, PW-5 and near the shop of Kewal Krishan, accused Nichhattar Kumar armed with gandasi, Ram Lubhaya armed with iron rod, Santosh Kumar armed with iron rod alongwith the acquitted accused (empty-handed) came from opposite side. Ram Lubhaya raised lalkara that Santokh Singh be caught hold of and finished as his father Mohan Singh always talks ill of them in the Gram Panchayat. Nichhatar Kumar inflicted gandasi blow on the left side of the head of Santokh Singh. Ram Lubhaya inflicted iron rod blow on the chest of Santokh Singh. Santosh Kumar gave two iron rod blows on his shoulder and on the back. Gian Singh and Gurmukh Singh raised alarm and intervened.