JUDGMENT Y.V. Chandrachud, CJI. - Heard counsel. Special leave granted. 2. In view of the express recital in the first information report and the evidence of the witnesses that not merely the appellant but another person was also responsible for causing the spear injury on the chest of the deceased, it would be difficult to sustain the conviction of the appellant under Section 302 of the Penal Code. His part would be no greater than that of the others who have been convicted under Section 326 of the Penal Code. Accordingly, we set aside the conviction of the appellant under Section 302 and convict him under Section 326 read with Section 149 of the Penal Code and sentence him to suffer rigorous imprisonment for a period of five years. 3. The appeal will stand disposed of in terms of this order.