They dealt blows on the head of Khilan Singh, as a result of which he fell down.
At that juncture, the deceased, Devi Singh, intervened and he was also assaulted by the accused persons with farsi and lathis, as a result of which the deceased fell down on the ground.
The case of the prosecution in brief is that there was a dispute in respect of a pathway between the deceased Devi Singh and Salag Ram.
Hence, this appeal by the State.
In order to resolve the dispute, the jurisdictional Tehsildar with the help of others got measured the place and found that the deceased had closed the way and companysequently the way was got opened.
At about 9.00 am on 30.08.1991, 18 persons including the respondents, formed themselves into an unlawful assembly and broke into the residential house of the companyplainant Khilan Singh in order to cause injury to Devi Singh.
The High Court while allowing the appeal had acquitted the accused and set aside the judgment dated 07.11.2001 passed by the Additional Sessions Judge, Sironj, District Vidisha in Sessions Trial No.
73/92 companyvicting the four respondents for the offences punishable under Sections 302, 324 and 323 read with Section 34 of the Indian Penal Code for short the IPC .
The First Information Report for short the FIR came to be lodged at about 8.30 pm on 30.08.1991.
The accused were carrying farsi sharp edged object , lathis and other weapons.
However, the misunderstanding in respect of the earlier dispute companytinued.
Mohan M. Shantanagoudar, J. This appeal is directed against the judgment dated 03.02.2010 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Appeal No.
599 of 2001.
