Judgment :

DALVEER BHANDARI, J.

1. This appeal has been preferred by the appellant Virendra Singh against the judgment dated 17.5.2002 passed by the High Court of Judicature of Madhya Pradesh, Bench at Gwalior in Criminal Appeal No. 262 of 1986.

2. Brief facts which are necessary to dispose of the appeal are as under:

Hakim Singh and his two sons Virendra Singh and Kamlesh Singh went to the house of the deceased Bhagirath and asked him to reap their crop the next day. Bhagirath informed that he would not be able to reap their crop as he had to reap the crop grown in his own field. He also informed the accused persons that apart from reaping his crop he would also be busy in `lagan ceremony' of his son Satyanarain and Tilak ceremony of his grandson, Lakhan which was going to be performed after two days. In spite of his clear explanation for not being able to reap the crop of the accused persons, they pressurized the deceased Bhagirath to reap the crop standing on their field. The accused persons got annoyed on deceased's refusal to reap their crop. Accused Hakim Singh, Kamlesh and Virendra Singh armed with weapons went to the house of Bhagirath the next day at 7.00 a.m. to take reven