Judgment

Raveendran, J.—This appeal is by the four convicted accused against the judgment dated 13.12.2004 of the High Court of Madhya Pradesh allowing in part, Criminal Appeal No. 874 of 1995 filed by the State.

2. The case of the prosecution is that on 5.7.1993, at about 6 p.m., an unlawful assembly of 27 persons, including Kallu, Safi, Madaniya and Bhuria (appellant nos. 1 to 4 herein) and one Anwar, came to the house of Sadruddin (PW-4), armed with swords, Ballams, lathis, hockey sticks, farsas and dharias, shouting "kill/cut Sadruddin". Kallu dealt a blow on the head of Sadruddin with a sword. Madaniya also dealt a blow with a sword on his head. Shafi gave a blow of sword injuring his forehead, nose and jaw. Bhuria gave a blow with a spear injuring his thigh and calf. On seeing Sadruddin being attacked, Sabdar Bano (PW-6), Noorbano (PW-7), Baby (PW-9) and Annobai (PW-10) rushed to the rescue of Sadruddin. They were also beaten up by the appellants and their associates. Sabdarbano received injuries on her head and body. Annobai received injuries on the head. Baby and Noorbano received injuries on their hands. By then, a Police van came near the spot. On seeing it, the appellants