JUDGMENT

Arijit Pasayat, J.:--In this appeal challenge is to the correctness of judgment rendered by a Division Bench of the Madhya Pradesh High Court which affirmed the conviction under Section 323 read with Section 34 of the Indian Penal Code, 1860 (in Short the IPC) as recorded by the Trial Court in respect of respondents 1 to 10 and did not accept prosecutions plea that it was a case covered by Section 302 read with Section 34 IPC. Eleven persons faced trial and the Trial Court held A-11 Toran Singh to be not guilty. The accused persons were charged for commission of offences punishable under Section 302 read with Section 34 IPC and Section 323 IPC for allegedly committing homicidal death of one Ramdin (hereinafter referred to as the deceased) and causing injuries on Harbhan (PW-5), Brijbhan (PW-10) and Bina Bai PW9, Trial Court while acquitting accused Toran Singh held that the other accused persons were to be convicted under Section 323 read with Section 34 IPC. The State of Madhya Pradesh filed before the Madhya Pradesh High Court and the same was dismissed by the impugned judgment . It appears respondent No. 1 - Daura had died on 15.6.1986 and that being so, the appeal stand