JUDGMENT

P.Sathasivam, J.

1) Leave granted.

2) This appeal is directed against the final judgment and order dated 13.12.2011 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Appeal No. 150 of 2006 whereby the High Court partly allowed the appeal filed by the respondents herein by maintaining the conviction and reducing their sentence to the period already undergone (i.e. 14 days) while affirming the decision dated 08.02.2006 passed by the Additional Sessions Judge-I, Guna (MP) in Sessions Trial No. 311 of 2001 with respect to the conviction of respondents herein under Section 326 read with Section 34 of the Indian Penal Code, 1860 (in short “IPC”).

3) Brief facts:

(a) On 11.08.2001, in the morning, when Mullo Bai, sister of Fida Hussain-the complainant, was passing through the field of Mohabbatdin - co- accused, at that time, Mohabbatdin abused her and told her not to pass through his field. On this, Mullo Bai assured him that she will not pass through his field in future. On the same day, in the evening, at about 7.00 p.m., when Fida Hussain, along with Ahmed Hussain, Gulabuddin and Guddu, was going to the shop of one Nawab, on their way near the hand pump, Naja