R.S.Jha, J. - (1.)This appeal has been filed by the appellants against the judgment dated 18.01.2007, passed by learned Sessions Judge, Chhatarpur in Sessions Trial No. 126/05, whereby the appellants have been found guilty of an offence punishable under Section 302/149 of IPC, and have been sentenced to life imprisonment with fine of Rs.500/-each, and in default thereof a further simple imprisonment of three months each. Under Section 307/149 IPC, the appellants have been sentenced to R.I.for seven years with fine of Rs.500/-each, and in default thereof a further simple imprisonment of three months each.
Under Section 325/149, the appellants have been sentenced to R.I.for one year with fine of Rs.200/- each, and in default thereof a further simple imprisonment of two months each.

Under Section 323/149 IPC, the appellants have been sentenced to simple imprisonment for three months each, and under Section 148 IPC, they have been sentenced to R.I.for one year with fine of Rs.100/- each, and in default thereof a further simple imprisonment of one month each.

(2.)The prosecution case, in brief, is that on 15.03.2005 when Kamlu Yadav (PW.1) and his cousin brother Hari Yadav (PW.5) were coming back from the field, they got into a dispute with Dau Yadav. According to the prosecution, in view of the aforesaid dispute, the appellants along with Rajaram and Makunda,both of whom have been acquitted by the trial Court, assaulted Kamlu Yadav (PW.1), Hari Yadav (PW.5), and the deceased Malkhan Yadav at about 10 O'clock in the morning on 16.03.05 while they were sitting on the entrance of the house of Gore Yadav.
(3.)It is alleged by the prosecution that the appellant Kali Yadav was armed with a Ballam while all the others were armed with lathis. According to the prosecution, Kamlu Yadav (PW.1), Hari Yadav (PW.5) and the deceased Malkhan when assaulted initially resisted the assaulting party and thereafter retreated and tried to escape from the spot whereupon Kali Yadav inflicted the fatal blow with the spear on the right chest of the deceased Malkhan, and Kishan Yadav inflicted a serious head injury on the head of the deceased on account of which he fell down. According to the prosecution, Kamlu Yadav (PW.1) received as many as 11 injuries out of which one of them was a grievous injury which resulted in fracture of the clavicle bone while Hari Yadav received a total of 3 injuries out of which one was grievous resulting in the fracture of left radius bone. The report of the incident was lodged by the injured Kamlu Yadav (PW.1) on the same day at around 1.30 pm thereafter the criminal law was set in motion.