ORDER : K. Jayachandra Reddy, J. 1. This is an appeal under Section 379 Criminal Procedure Code. There are four appellants. They were tried for offence punishable under Section 302 read with Section 34 Indian Penal Code. The trial court convicted them under Section 304 Part II Indian Penal Code and sentenced each of them to undergo 8 years' R.I. and to pay a fine of Rs 100 in default of payment of which to further undergo one month's imprisonment. The convicted accused as well as the State preferred appeals to the High Court. It was pleaded on behalf of the State that the accused ought to have been convicted under Section 302 read with Section 34 Indian Penal Code since they were responsible for causing the death of the deceased. The High Court accepted this plea and allowed the State appeal and convicted each of the appellants under Section 302 read with Section 34 Indian Penal Code and sentenced them to undergo imprisonment for life. Consequently, the appeals preferred by the accused were dismissed. Hence the present appeal. 2. Since this is a regular appeal, we have gone through the judgments of the courts below as well as the evidence of the material witnesses. At the outset it may be mentioned that both the courts below have accepted the evidence of the witnesses and held that these appellants dealt blows with lathis on the deceased as a result of which he died, and subsequently the accused carried the dead body and cremated the same. 3. The prosecution case is as follows: One Ms Geeta was the widow of the real brother of the accused Maliya. The deceased developed illicit intimacy with Ms Geeta and this led to hostility between the deceased and the accused persons. On July 18, 1973, the accused went after Moti who ran away and took shelter in the house of PW 5. All the four accused came to the house of PW 5 armed with lathis. They dragged Moti and dealt blows on the legs and on other parts of his body. Moti fell down as a result of these injuries and died. Thereafter the accused persons took the dead body in a bullock-cart to the cremation ground and cremated the same. A written report Ex P-4 was presented by PW 18 on the same day at the Police Station. Moti fell down as a result of these injuries and died. Thereafter the accused persons took the dead body in a bullock-cart to the cremation ground and cremated the same. A written report Ex P-4 was presented by PW 18 on the same day at the Police Station. A case under Section 302 Indian Penal Code was registered and the investigation was taken up. Since the body had already been cremated the question of sending anything for medical examination did not arise. The investigating authorities, however, recovered some lathis and other articles. After completion of the investigation the charge-sheet was laid. The accused pleaded not guilty. The prosecution examined PWs 1, 5, 6 and 8 as eyewitnesses who saw the accused beating the deceased with lathis. Apart from their evidence there is also the evidence of PW 18, a close relation of the deceased. He also supported the prosecution case. He further added that after the death of the deceased due to the lathi blows, the accused took the dead body to the cremation ground. We have gone through the evidence of these witnesses. Their evidence amply shows that the accused dealt blows with lathis as a result of which the deceased died. 4. The trial court, however, noticed certain features in the evidence of those witnesses and pointed out that even if the entire evidence is accepted, that would only show that the injuries were inflicted on non-vital parts of the body of the deceased and according to these witnesses, all the accused put together dealt four or five blows. The evidence is not clear that each one of them dealt four or five blows. On the other hand it reads as though all the four accused together gave four or five blows. In view of these circumstances, the trial court pointed out that there is no direct or circumstantial evidence to show that the accused intended to cause the victim's death. It held that they must be attributed knowledge that by inflicting such injuries they were likely to cause death. In that view of the matter, the trial court convicted the accused under Section 304 Part II Indian Penal Code. The High Court while reversing the said finding held that since Moti died almost instantaneously it should be inferred that the intention of the accused persons was to cause the death of Moti. In that view of the matter, the trial court convicted the accused under Section 304 Part II Indian Penal Code. The High Court while reversing the said finding held that since Moti died almost instantaneously it should be inferred that the intention of the accused persons was to cause the death of Moti. Unfortunately in this case there is no medical evidence available. No doubt the accused have acted high-handedly though there was a grievance for them. But in deciding the nature of the offence, the part played by the accused, the weapons used and the nature of the blows inflicted assume importance. On this aspect the view taken by the trial court cannot be said to be unreasonable as to warrant interference in this case. 5. In the result, we set aside the conviction and sentence of the accused under Section 302 read with Section 34 Indian Penal Code and the sentence of imprisonment imposed by the High Court against each of the accused. In view of our finding the view taken by the trial Judge is quite reasonable, we restore the conviction awarded by the trial court. Accordingly, we convict each of the appellants under Section 304 Part II read with Section 34 Indian Penal Code and sentence each of them to undergo 8 years' RI. 6. The appeal is allowed to the extent indicated above. Appeal partly allowed.