GULAB C. GUPTA, J. ( 1 ) THE appellant along with one Raghubar was tried for offence under section 302 read with section 34 of the Indian Penal Code but has been convicted for an offence under section 323, I. P. C. and sentenced to pay a fine of Rs. 1,000/- and in default of payment of fine R. I. for 3 months by judgment dated 22-11-1979 passed by Sessions Judge, Tikamgarh. He is challenging his conviction and sentence in this appeal under section 374 (2) of the Code of Criminal Procedure, 1973. ( 2 ) THE case of the prosecution was that some time before 6-7-1978 deceased Moti had reported to Ragbubar that his son Anandi had sold some grass. This annoyed Anandi. On 6-5-1978 he (Anandi) went to Motis house presumably with a view to give him threshing. Moti was not in the house but had gone to Champas field. Appellant Anandi went to Champas field and met Moti. There the appellant Anandi is alleged to have given Moti a lathi blow. However, Champa (P. W. 2) and Ramjora (P. W. 3) rushed to the place and intervened. Thereafter, Moti went away. It is alleged that while Nathua (P. W. 5) was taking Moti to his house Anandi and Raghubar met him in the way. Anandi was armed with a lathi and Raghubar was armed with a rifle. Both of them took away Moti. Next morning Moti was found hanging dead on a Ber tree near his Khalihan. A challan against both the accused for causing murder was filed. During the trial Dr. Ahirwar who performed the postmortem examination of the dead body could not be produced and instead Civil Surgeon Dr. Tandon (P. W. 12) proved his report (Ex. P-9 ). Considering the medical evidence it was found that death of Moti was resulted from asphyxia due to hanging and was suicidal. The trial Court, therefore, held that it was not a case of murder but was a case of suicide, after receiving injuries. However, relying on the evidence of other witnesses Champa (P. W. 2) and Ramjora (P. W. 3) the learned Sessions Court held that Anandi caused hurt to Moti on 6-5-1978. On these findings Anandi was convicted for an offence under section 32 I. P C. and sentenced as stated above. However, relying on the evidence of other witnesses Champa (P. W. 2) and Ramjora (P. W. 3) the learned Sessions Court held that Anandi caused hurt to Moti on 6-5-1978. On these findings Anandi was convicted for an offence under section 32 I. P C. and sentenced as stated above. Learned counsel for the appellant submitted that the conviction of appellant under section 323, I. P. C. was not justified, particularly because no such charge was framed against him and the prosecution has not intended to try and punish him for the said beating. I am unable to agree. The incident of beating Moti in Champas field was a part of the prosecution case and has been established beyond doubt by the evidence of Champa (P. W. 2) and Ramjora (P. W. 3 ). Under the circumstances appellants conviction under section 323, of the Indian Penal Code is confirmed. ( 3 ) LEARNED counsel has submitted that the appellant is a poor labourer and is not able to pay Rs. 1,000/- fine. It is also submitted that the fine of Rs. 1,000/ is excessive, particularly because the appellant has remained in jail for more then 20 days, in the beginning of the trial. It is no doubt true that the appellant was taken in custody on 7-8-1978 and was released on bail vide order dated 26-9-1978. He remained in jail for 20 days in the beginning of the trial. From the record it appears that he is a labourer. Considering these facts and also other facts and circumstances of the case it appears to be a fit case for reducing the sentence. In my opinion, the interest of justice would be served if the appellant is sentenced to imprisonment to already undergone together with a fine of Rs. 250/ -. In default of payment of fine he will suffer simple imprisonment for one month. The fine if recovered shall be paid to Panbai widow of Moti as compensation under section 357 of the Code of Criminal Procedure. With the above modification, as aforesaid the appeal partly succeeds and is allowed to that extent accordingly. Appeal partly allowed. .