DEVI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 12th August, 2008 passed by the High Court of Madhya Pradesh at Gwalior in Criminal Appeal No.74 of 2001 in which the appellants, namely, Devi Singh and Vijay Singh were convicted under Sections 326 and 324 I.P.C. and sentence of imprisonment imposed upon them by the Trial Court under Section 326 was reduced from three years to two years by the High Court while maintaining the sentence of imprisonment of three years imposed upon the appellants-accused by the Trial Court under Section 324 I.P.C.

(2.) During the pendency of this appeal, second appellant-Vijay Singh died consequently his name was struck off from the array of the parties vide order dated 15th May, 2009 and appeal abated.

(3.) On the date of occurrence i.e. 20th December, 1995, deceased-Chunni Lal was going to his khaliyan (field) along with his cattle and his cattle entered the fields of Harijans and an altercation took place between Toran, Lalia & Krishna on one side and Balam & others including the appellants on the other.