JUDGMENT 1. - Being aggrieved by the order of conviction dated 27.3.1985 passed by learned Sessions Judge, Bhilwara in sessions case No. 93/83 convicting the accused u /ss. 304 Part-I and 323 IPC and sentencing them to five years' R.I., the appellants preferred this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before me. 2. With the assistance of the learned Public Prosecutor for the State, I have scrutinised the record and reappreciated the evidence on record. 3. The prosecution story as it emerges from re-appreciation of the evidence is that; on 4.9.1983, Shanker submitted a written report to the effect that today early in the morning he along with his father and one Shaitania went to the field of Shankaria with intention to kill pigeons and killed 6-7 pigeons on the way which were in the bag of Shetania, on seeing them, Jawarmal shouted, therefore, Shanker, Pyara Jat and Jawara Jat came there, beat them and Jawara Mal Jat assaulted on the head of father of complainant by "Kassi" as a result of which, he fell down, thereafter, they took them to village and gave him first aid but later on the victim died. On the basis of this information, police registered a case under sections 304 & 323 IPC and started usual investigation. The accused were arrested. 4. On re-appreciation of the evidence, the findings arrived at by the learned trial Judge are correct. Conviction is maintained. It is however, clear that conviction u/ section 304 Part-I is not sustainable even if the entire prosecution evidence is accepted. For the reasons that there is no material on record to believe that the accused knew of the cavity in the lungs of the deceased which is one of causes of the death, hence, conviction is liable to be altered to that under section 325 IPC. 5. Taking into consideration the age of the accused persons which is more than 65 years and the fact that they are on bail for last 18 years or more, interest of justice would be met if the sentence is reduced to that of already undergone.In the result, the appeal succeeds partly and is partly allowed. The conviction u/ section 304 IPC is set aside, instead the accused are convicted under section 325 IPC and are sentenced to imprisonment for a period which they have already undergone. The conviction u/ section 304 IPC is set aside, instead the accused are convicted under section 325 IPC and are sentenced to imprisonment for a period which they have already undergone. Since the accused are on bail, their bail bonds are hereby cancelled.Appeal partly allowed. *******