JUDGMENT

C.K. Thakker, J. —

1. Both these appeals arise out of common judgment and order passed by the High Court of Madhya Pradesh (Gwalior Bench) dated January 3, 2003 in Criminal Appeal Nos. 242 of 1991 and 253 of 1991. By the said order, the High Court allowed the appeal filed by the accused and set aside the order of conviction and sentence recorded by the Additional Sessions Judge, Shivpuri dated October 14, 1991 in Sessions Case No. 29 of 1990.

2. The case of the prosecution is that on October 20, 1989 Balkishan (hereinafter referred to as ‘the deceased’) and PW 2 Sarvan Lal were guarding their Jowar crop and for the said purpose they had stayed during night time in their field. Their neighbour farmers, namely, Ramprasad (PW8), Ramsingh (PW9) and Raghunath (PW10) were also guarding over their respective crops and were in the huts constructed in their fields. According to the prosecution, at about 3-4 a.m. early in the morning, cattle of village Nehgawan started grazing the Jowar crop of the deceased. Deceased Balkishan and Sarvan Lal (PW2) surrounded the cattle and started taking them to cattle pond. At that time, all accused persons who were residents of village Nehgawan appea