Both of them have built their respective houses that are adjacent to each other.
The sentences were directed to run companycurrently.
The case against the appellants was made over to the First Additional Sessions Judge, Hoshangabad, who acquitted the appellants for some of the offences while companyvicting them for some others with which they were charged.
Separate charge sheets in relation to both the cases were filed by the police before the Jurisdictional Magistrate who companymitted the cases to the Court of Sessions Judge, Hoshangabad.
While the case registered against the appellants was for offences punishable under Sections 307, 325, 323 read with Section 34 IPC, that registered against the opposite party was for the alleged companymission of offences punishable under Sections 325, 323, 294 read with Section 34 IPC.
Aggrieved by their companyviction and sentence the appellants appealed to the High Court of Madhya Pradesh at Jabalpur which failed and has been dismissed by the order impugned in this appeal.
Three days prior to the incident Gulab Das had put up a partition fence between the two properties.
2 3 on one hand and Veeraji, his wife and sons on the other.
The appellants have in the present appeal by special leave assailed the said order of dismissal.
A free fight followed in which both the parties received injuries resulting in registration of cross cases by them in Police Station Itarsi, District Hoshangabad.
Ms. June Chaudhari, learned senior companynsel for the appellants argued that during the pendency of the case in this Court the parties have entered into an amicable settlement companypromise and filed Criminal Misc.
On 30th September, 1994 at about 7.45 a.m. while Veeraji was shifting the partition fence, alleging that it encroached on his property, an exchange of hot words started between Gulab Das and his two sons who are appellant Nos.
S. THAKUR, J. Leave granted.
This appeal calls in question the companyrectness of an order passed by the High Court of Madhya Pradesh at Jabalpur whereby Criminal Appeal No.1509 of 2000 filed by the appellants challenging their companyviction and the sentences awarded to them by the Additional Sessions Judge, Hoshangabad, in Sessions Trial No.60/1995 has been dismissed.
Appellant No.1, Gulab Das and his brother, Veeraji are residents of village Sonasavri, District Hoshangabad in the State of Madhya Pradesh.
