JUDGMENT 1. - Heard learned counsel for the parties. 2. Learned counsel for the appellant does not dispute the incident. His only grievance is that the offence under section. 302 Indian Penal Code cannot be said to be made out against Madan Lal @ Nand Ram. He is alleged to be assailant of the deceased. The injuries caused by him are of such magnitude that it can not be concluded that his act falls under any of the main provisions of Section 300. The incident is alleged to have occurred on 9.4.2000. The injured died on 27.4.2000. This time gap suggests at best that the accused have used such a force, which was such, that the death could not ensue immediately. According to the accused, he inflicted this injury to the deceased when he himself felt danger to himself. In this view of the matter, it would be a case where he exercised right of private defence and his case falls within explanation two of Section. 300. 3. The accused caused injuries to the deceased and his offence cannot fall under section. 302 and it falls under section. 304 Indian Penal Code. Since the time of death suggests that the accused though intended to cause an injury intentionally same resulted in belated death. 4. In that view of the above, we feel persuaded that the offence committed by the accused would not fall within Section 302 and it would fall only under section. 304 Part I. It is therefore, directed that Madan Lal @ Nand Ram who has been sentenced to life imprisonment under section. 302 Indian Penal Code, his conviction is altered to Section 304-1 Indian Penal Code and he be sentenced to the imprisonment of 8 years. He is also imposed a fine of Rs. 500/-. The other accused persons Major Ram, Sharda Devi and Bhagwanti have been convicted by the trial Court for offence under section. 302/34. They had no caused any injury to the deceased and deceased had died due to injuries inflicted by Madan Lal while exercising his right of private defence in a situation where he himself felt danger and caused injuries to the deceased. In that view of the matter, the case against the aforesaid accused persons namely Major Ram, Sharda Devi and Bhagwant cannot be said to be made out under section. 302/34. They are acquitted of the charges. In that view of the matter, the case against the aforesaid accused persons namely Major Ram, Sharda Devi and Bhagwant cannot be said to be made out under section. 302/34. They are acquitted of the charges. However, their conviction under sections. 324/34 & 323/34 is maintained. The substantive sentence of these accused persons is reduced to sentence already undergone by them. The sentence of fine against them is maintained. 5. The appeal is partly allowed as implicated above.Appeal partly allowed. *******