(1) SPECIAL leave granted. (2) BOTH the appellants have been directly convicted of the offence under Section 302 Indian Penal Code without the application of S. 34. The medical evidence discloses that there was only one fatal injury. The evidence does not show that there was common intention to cause death. We think that in the circum stances of the case, the safer course would be to convert the conviction of appellants to one under S. 304 Indian Penal Code instead of under S. 302 IPC. The conviction of the appellants is, therefore, altered to one under S. 304 IPC. Accordingly the sentence is altered from life imprisonment to 7 years rigorous imprisonment. If they have already undergone the sentence, they will be released forthwith. The appeal is disposed of accordingly.