JUDGMENT

T.S. THAKUR, J.

1. Leave granted. This appeal calls in question the correctness of an order passed by the High Court of Madhya Pradesh at Jabalpur whereby Criminal Appeal No.1509 of 2000 filed by the appellants challenging their conviction and the sentences awarded to them by the Additional Sessions Judge, Hoshangabad, in Sessions Trial No.60/1995 has been dismissed.

2. Appellant No.1, Gulab Das and his brother, Veeraji are residents of village onasavri, District Hoshangabad in the State of Madhya Pradesh. Both of them have built their respective houses that are adjacent to each other. Three days prior to the incident Gulab Das had put up a partition fence between the two properties. On 30th September, 1994 at about 7.45 a.m. while Veeraji was shifting the partition fence, alleging that it encroached on his property, an exchange of hot words started between Gulab Das and his two sons who are appellant Nos. 2 & 3 on one hand and Veeraji, his wife and sons on the other. A free fight followed in which both the parties received injuries resulting in registration of cross cases by them in Police Station Itarsi, District Hoshangabad.

3. While the case registered against the appella