- (1.) Leave granted.
(2.) This appeal is directed against the final judgment and order dated 13.12.2011 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Appeal No. 150 of 2006 whereby the High Court partly allowed the appeal filed by the respondents herein by maintaining the conviction and reducing their sentence to the period already undergone (i.e. 14 days) while affirming the decision dated 08.02.2006 passed by the Additional Sessions Judge-I, Guna (MP) in Sessions Trial No. 311 of 2001 with respect to the conviction of respondents herein under Section 326 read with Section 34 of the Indian Penal Code, 1860 (in short "IPC").
(3.) Brief facts: (a) On 11.08.2001, in the morning, when Mullo Bai, sister of Fida Hussain-the complainant, was passing through the field of Mohabbatdin - co- accused, at that time, Mohabbatdin abused her and told her not to pass through his field. On this, Mullo Bai assured him that she will not pass through his field in future. On the same day, in the evening, at about 7.00 p.m., when Fida Hussain, along with Ahmed Hussain, Gulabuddin and Guddu, was going to the shop of one Nawab, on their way near the hand pump, Najab Khan and Mohabbatdin having spade in their hands and Gani Khan holding a danda (stick) in his hand along with Munnawar Ali came at the spot and surrounded Fida Hussain. Fida Hussain tried to escape but could not succeed and Mohabbatdin attacked him with the spade due to which he sustained injury below his left shoulder and left arm. In order to save him, the other persons, viz., Guddu and Gulabuddin, who were accompanying Fida Hussain, intervened. After beating Fida Hussain, the accused persons fled away from the spot. Thereafter, Fida Hussain went to the Radhogarh Police Station and an FIR was lodged which was registered as Crime No. 248 of 2001. (b) During the course of investigation, on 22.08.2011, Najab Khan was arrested and Gani Khan and Munnawar Ali were arrested on 10.09.2001. The police also got recovered the weapons (spades and stick) used in the commission of the aforesaid act. (c) After the investigation, a charge-sheet was filed against the respondents herein under Sections 307, 341, 326 read with 34 IPC and the case was committed to the Court of the First Additional Sessions Judge-I, Guna (MP) which was numbered as Sessions Trial No. 311 of 2001. Further, besides the accused persons/respondents herein, Mohabbatdin was also charged under Sections 341 and 307 of IPC but vide order dated 11.10.2002, passed by the High Court in Revision No. 378 of 2002, it was directed to stay the proceedings against him and to continue the trial against rest of the persons i.e., the respondents herein. (d) During the trial, on a compromise between the accused persons and Fida Hussain-the complainant, the accused persons were acquitted under Section 341 of IPC. (e) By order dated 08.02.2006, the Additional Sessions Judge, convicted the respondents herein for the offence punishable under Section 326 read with Section 34 of IPC and sentenced them to undergo rigorous imprisonment (RI) for three years along with a fine of Rs.500/- each, in default, to further undergo RI for 3 months. (f) Against the said order, the respondents moved an appeal being Criminal Appeal No. 150 of 2006 before the High Court. The High Court, by impugned judgment dated 13.12.2011, partly allowed the appeal by maintaining the conviction of the respondents herein and reduced their sentence to the period already undergone. (g) Aggrieved by the said order, the State has filed this appeal by way of special leave.;