JUDGMENT 1. As many as 8 accused persons including the appellant were placed for trial before the learned Additional Sessions Judge, Rajgarh Camp at Laxmangarh District Myer for having committed murder of Karan. The learned judge vide judgment dated July 4, 1998 convicted the appellant for offence under Section 302 IPC and sentenced to suffer life imprisonment and to pay a fine of Rs. 100/-. In default of payment of fine to further undergo rigorous imprisonment for 15 days. 2. As per the prosecution story; injuries on the head of deceased Karan were attributed to the appellant and one Harbir. Although the injury report of Karan (Ex.P 17) shows that he sustained one incised wound measuring .3cm X .3cm on the scalp on left parietal bone but a look of post mortem leport Ex P 18 demonstrates that Karan sustained following two injuries on he scalp:- (1) Stitched wound on left side parietal region; (2) Swelling right side tempo parietal region. There was fracture of right side tempo parietal region. 3. When the case came up for trial before the Additional Sessions Judge, Rajgarh, charge under Sections 148 and 302 IPC, Sections 323/149 and 302/149 IPC were framed against other accused persons. The charges to were denied and the accused persons claimed trial. As many as 23 witnesses were examined by the prosecution in support of its case. The appellant in his explanation under Section 313 Cr.P.C. claimed innocence. Two witnesses were examined in defence to establish that the accused persons also sustained injuries. 4. We have heard the rival submissions and scanned the record. 5. On a careful scrutiny of testimony of Dr. R.K. Mishra PW 17 we find that out of the two injuries sustained by Karan on his head, injury caused on right side proved fatal and Karan died on account of that injury The said injury was attributed to co-accused Harbir, who stood acquitted from the charge under Section 302/149 IPC. The State of Rajasthan did not prefer appeal against the finding qua co-accused Harbir. The injury attributed to the appellant was not found fatal and he could not have been convicted under Section 302 IPC. The lamed trial judge misread the statement of Dr. R.K. Misra, and committed illegality in convicting and sentencing the appellant under Section 302 IPC. The State of Rajasthan did not prefer appeal against the finding qua co-accused Harbir. The injury attributed to the appellant was not found fatal and he could not have been convicted under Section 302 IPC. The lamed trial judge misread the statement of Dr. R.K. Misra, and committed illegality in convicting and sentencing the appellant under Section 302 IPC. The appellant is liable only to the injury attributed to him and the case against the appellant does not travel beyond Section 324 ;PC. 6. As a result of the aforesaid discussion, while partly allowing the appeal, we set aside the conviction of the appellant under Section 302 IPC, instead we convict him under Section 324 IPC and sentence him to suffer rigorous imprisonment for three years. The appellant is in custody for a period of more than five years and has already suffered imprisonment for a period of three years. Therefore, he shall be set at liberty forthwith if not required in any other case.Appeal Partly Allowed - Sentence Reduced to that as Suffered. *******