ORDER : 1. We have heard the learned counsel appearing for the appellants as well as the learned counsel appearing for the State. 2. This is a case where the Trial Court had convicted the appellants under Section 302 of the Indian Penal Code, 1860 (for short ‘IPC’), sentencing them to imprisonment for life. 3. The High Court in the impugned judgment has set aside the same and rendered a conviction under Section 304 Part I of the IPC, sentencing the appellants to 10 years of rigorous imprisonment. This appeal has been preferred thereafter. 4. Though the learned counsel appearing for the appellants made arguments on merits, we are not inclined to interfere with the conviction per se as the High Court has rightly taken into consideration the relevant material on record, including the evidence of the eye witnesses. 5. That leaves us with the question of sentence. The occurrence took place in the year 1985. Nearly 40 years have elapsed since then. The appellants have undergone more than five and a half years out of the sentence of 10 years. 6. Considering the aforesaid mitigating circumstances, we are inclined to modify the sentence to the one already undergone. 7. Accordingly, the sentence imposed on the appellants stands modified to the one already undergone, while confirming the conviction. As the appellants are on bail, their bail bonds, if any, stand discharged. 8. The appeal is allowed in part. 9. Pending application(s), if any, shall stand disposed of.