JUDGMENT

Surinder Singh Nijjar, J. —

1. On 16.2.2010 this Court had passed the following order:

“Mr. S.K. Dubey, learned senior counsel appearing for the respondent submitted that arising out of the same judgment, the State of M.P. has also filed another Criminal Appeal No.1540/2008 against the acquittal of Sangram Singh and requests that the said appeal may also be heard along with the present appeal.

Criminal Appeal No.1540/2008 is taken on board.

The appeals are dismissed in terms of the signed order. The reasoned order will follow.”

2. We now proceed to give the reasons.

3. This appeal has been filed by the two appellants against the judgment of the High Court of Judicature of Madhya Pradesh in Criminal Appeal No. 120/98 dated 10.4.2006. The High Court has been pleased to dismiss the appeal of the petitioner and upheld the conviction and sentence under Section 302/34 IPC.

4. We may briefly notice the salient facts involved in this appeal. It was the case of the prosecution that eight accused persons, namely, Prema, Khilan, Gaindalal, Sangramsingh, Durzan, Kashi Ram, Gyarsia Lal and Bihari had formed an unlawful assembly. They armed themselves with deadly weapons and assaulted Too