JUDGMENT :

C. Nagappan, J.

1. Leave granted.

2. This appeal is preferred against the judgment dated 26.9.2012 passed by the High Court of Madhya Pradesh Principal seat at Jabalpur in Criminal Appeal No. 1797 of 2004 whereby the High Court partly allowed the appeal filed by the respondents/accused, by setting aside their conviction under Section 302 IPC and convicted them for the offence under Section 304 Part I IPC and thereby reducing their sentence from life imprisonment to Rigorous Imprisonment for 10 years.

3. Briefly the facts are as follows : Deceased Hari Choudhary is the uncle of PW1 Kallu Choudhary. On 15.8.2000 at about 3.30 p.m. both of them were going to eat betel and on their way they saw respondent no.1/accused Golu, respondent no.2/accused Bhura and three other accused namely Puttu @ Ram Charan, Gabbar and Bedilal armed with weapons, coming and accused Bhura hurled country bomb at them. On explosion they fell down and accused Bhura dealt a blow of sword to PW1 Kallu and the other accused also assaulted him with their weapons. PW1 saw the accused persons assaulting Hari Choudhary with their weapons. He ran and informed PW3 Ram Niwas, brother of Hari and they carried injur