JUDGMENT 1. On the request of the parties and taking into consideration the contentions raised in the appeal before us, we have finally heard the appeal. 2. This appeal is directed against the judgment and order dated October 9, 1995 whereby the appellants have been convicted under Section 302/34 IPC to suffer imprisonment for life and to pay a fine of Rs. 500/- each in default of payment of fine to undergo simple imprisonment for four months. 3. Both the appellants were tried before the learned Sessions Judge, Baran for causing murder of Mathura Lal son of Gopi Lal in the morning of 28th October, 1994. The report of the incident was made,by Gordhan son of Ram Chandra Meghwal at police station Nahargarh district Baran on the day of the incident at 4 p.m. On the report, crime No. 82/94 was registered under Section 302 read with 34 IPC. After registering the case, investigation commenced. Inspection of the scene of occurrence was made on 29th October, 1994 at 2.00 p.m. and site plan Ex.R/1 was prepared in the presence of Sheonath and Janki Lal. The police seized blood, stained soil and control soil from the place of incident vide seizure memo Ex.P./2. The inquest report Ex.R/5 was prepared on the day of incident at 4.15 p.m. the autopsy of the dead body was conducted by Dr. Rajendra Soni, RW. 15, and he found the following injuries on the dead body. 1. Lacerated wound 3" x 1" cm. x bone deep at left side of nose with diffuse swelling nose, vertically placed. 2. Lacerated wound/soft clots 3x1 x 1/2 cm. at outer surface of It. arm at its middle, vertically placed. 3. Lacerated wound 4 x 2 x bone deep at the anterior surface of left leg at its outer ⅓ tibea bone was found fracture/tissue vain bleeding from wound present. 4. Lacerated wound/soft clots 2 x 1 cm. x bone just above right eye brows vertically placed. 5. Abrasion without scab 4x2 cm. at the surface of the Rt. hand. 6. Bruise (reddish) 3x2 cm. at left thigh at its enter for aspect. 7. Bruise (reddish 6 x 1 cm. at left thigh just blow injury No. 6. The cause of death was opined as a result of excessive hemorrhage due to multiple injuries the injuries were opined to be sufficient in the ordinary course of nature to cause death. 6. Bruise (reddish) 3x2 cm. at left thigh at its enter for aspect. 7. Bruise (reddish 6 x 1 cm. at left thigh just blow injury No. 6. The cause of death was opined as a result of excessive hemorrhage due to multiple injuries the injuries were opined to be sufficient in the ordinary course of nature to cause death. The post-mortem report Exp. 7 was also proved by doctor except injury No. 5 all injuries were simple in nature. 4. During the trial the prosecution examined 15 witnesses. Both the appellants denied their involvement in the crime. However, no witness was examined in defence. The learned trial Judge placing reliance on the testimony of the prosecution witnesses convicted and sentenced the appellants as aforesaid. 5. Shri A.K. Gupta, learned counsel appearing for the appellants vehemenlty contended that the learned trial Judge has committed serious error in placing reliance on the testimony of RW. 2 Ramu as an eye-witness and RW. 3 Gordhan and RW. 7 Babu Lal for the proof of oral dying declaration of the deceased. Learned counsel contended that other eye-witnesses did not support the prosecution case. Lastly, it was contended that in the facts and circumstances of the case and from the evidence on record, in any event the offence does not travel beyond Section 325 IPC. 6. In the light of the above submission, we minutely examined the statements of RW. 2 Ramu, the sole witness relied upon by the learned trial Judge. RW. 2 Ramu has stated that he was at the threshing floor and saw the appellants assaulting the deceased Mathura Lal. This witness has been cross examined at length but nothing has come to shatter his evidence so as to disbelieve him. In our view, the learned trial Judge committed no error in placing reliance on the testimony of RW. 2 Ramu as an eye-witness. PW. 3 Gordhan and RW. 7 Babu Lal have proved the oral dying declaration made by Mathuralal. Both the witnesses have arrived at the scene of occurrence immediately after the occurrence and on their query the deceased disclosed the names of the assailants. After giving our anxious consideration to the entire statement of these two witnesses, we are of the opinion, that the trial Judge committed no error in placing reliance on the same. Both the witnesses have arrived at the scene of occurrence immediately after the occurrence and on their query the deceased disclosed the names of the assailants. After giving our anxious consideration to the entire statement of these two witnesses, we are of the opinion, that the trial Judge committed no error in placing reliance on the same. Thus, we are satisfied that conviction of the appellants for the injuries sustained by the deceased Mathura Lal is well founded. The crucial question which was seriously argued before us is about the nature of the offence committed by the appellants. From the prosecution case it transpires that the incident took place all of a sudden when the appellants wanted to take their bullock cart from the field of deceased. The nature of the injuries shows that the assailants did not cause serious injuries and only injury No. 3 was found to be grievous. Most of the injuries are on non-vital parts of the body. Taking into consideration, all the facts and circumstances of the incident and the nature and seriousness of the injuries, we are agree with the submissions made by Shri Gupta that the offence does not travel beyond Section 325 read with 34 IPC. 7. Consequently, conviction and sentence, of the appellants under Section 302 read with 34 IPC are set aside; instead they are convicted under section 325 read with 34 IPC. In the facts and circumstances, in our view, the sentence of imprisonment for a period of three years and a fine of Rs. 10,000/-each will meet the ends of justice and accordingly, we impose this sentence on both the appellants. In default of payment of fine the defaulter shall undergo rigorous imprisonment, for one year. The amount of fine, if recovered, shall be paid to the legal heirs of the deceased Mathuralal. The appellants shall be entitled to get the benefit of Section 328 Cr.PC. The appeal is, therefore, allowed in part as indicated above.Appeal partly allowed. *******