ORDER
This is a case in which the sessions Court convicted A1 Ram Charan Mali for the offence under Section 302 read with Section 34 of the Indian Penal Code, High Court acquitted Ram Charan Mali and altered the conviction of Marmeshwar Mali to Section 304, Part I of the IPC and sentenced him to undergo rigorous imprisonment for 7 years. 2. Admittedly the incident happened inside the house of the accused. The deceased was another brother of Ram Charan Mali by name Gibeswar Mali. The case of the prosecution was that Gibeswar Mali went on a bicycle upto the front of the house of the accused where he was stopped and was dragged into the house by the two accused. But the evidence of PW 10 a nighbour shows that the deceased went to the house of the accused and thereafter the incident happened. Though PWs 5 and 6 tried to say that the deceased was dragged into the house their testimony was not on a par with the evidence of PW 10. As the High Court has taken the view that the initial entry by the deceased into the house of the accused could have been treated by the inmates thereof as a criminal trespass. At any rate the said act is reasonably capable of one instilling an apprehension of criminal trespass in the mind of such inmates. The High Court was therefore right in altering the conviction as for Marmeswar Mali to Section 304, Part I of the IPC. He is the only one among the two accused who inflicted the stab injuries to the deceased. 3. On the aforesaid fact situation we are not disposed to interfere with the finding arrived at by the High Court. That apart, there is no evidence against Ram Charan Mali that he had done anything to cause injuries on the deceased. Accordingly we dismiss these appeals. Appeals dismissed.