The High Court held that it was competent to it in the appeal preferred by the appellant to alter the conviction of Lakhan from the constructive offence under section 302/149, Indian Penal Code to the substantive offence under s.302, Indian Penal Code, but "in order to obviate any technical objection" the High Court altered the conviction under s.302 read with section 149 to a minor offence under section 326, Indian Penal Code and regard being had to the gravity of the offence, the High Court maintained the sentence imposed upon Lakhan. 646 On behalf of appellant Lakhan learned Counsel submitted that he had been acquitted by the trial court on the specific charge under section 302, Indian Penal Code for the overt act of shooting at the deceased Sheosahay and he was convicted under sections 302/149, Indian Penal Code for being a member of an unlawful assembly, the common object of which was to kill deceased Sheosahay.