ABHAY MANOHAR SAPRE,J. - (1.) Leave granted in S.L.P.(Crl.)No.1342 of 2010.
(2.) These appeals are filed by the accused persons against the final judgment and order dated 24.04.2007 passed by the High Court of Madhya Pradesh Bench at Gwalior in Criminal Appeal No. 109 of 1998 whereby the High Court disposed of the appeal filed by the appellants herein and modified the order dated 20.02.1998 passed by the Additional Sessions Judge, Bhind in S.T. No.78 of 1993 by reducing the sentence of the appellants passed under Section 307/149 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") from seven years to five years and affirmed the sentences and fine awarded under other sections.
(3.) In short, the case of the prosecution is that on 06.12.1992, when Keshav Singh-Complainant(PW-10) was taking the water to his field from the tube well of Jairam, the appellants asked him that why he is taking water through their 'Medh'. Keshav Singh replied that he will not take the water in future. Not satisfied with the reply of Keshav Singh, the appellants came along with Rambaran armed with Axe and Ummed Singh armed with Bhala and Ramhet armed with Lathi and started abusing him. In the meantime, Rambaran went ahead and inflicted an Axe blow on the head of Keshav Singh whereas Ramhet inflicted Lathi blow on the wrist of his right hand and also on the right peddle of leg. Thereafter, the brothers of Keshav Singh, namely, Ujjagar Singh and Rai Singh came there, who were also watering on their fields which were nearer to the place of occurrence. Inder Singh was also taking water to his field, therefore, Rambaran (deceased) inflicted him a blow with Axe on his head and Ramhet also gave him a Lathi blow on his head. Thereafter Sobran armed with Lathi and Suresh armed with Bhala came there. Suresh inflicted a blow with Bhala and Sobran inflicted a lathi blow on the shoulder of Keshav Singh. Suresh had given a Bhala blow on the back of Shyam Singh. Rambaran had given an axe blow on the head of Shyam Singh. Kali Charan and Mahesh came there for sorting out the matter. There was a free fight between the two groups.;