JUDGMENT :

S.ABDUL NAZEER, J.

1. This appeal by special leave is preferred against the judgment dated 06.12.2006 passed by the High Court of Madhya Pradesh at Indore in Criminal Appeal No. 1370 of 2001 arising out of Sessions Trial No. 197 of 2000 passed by the Additional Sessions Judge, Shajapur, Madhya Pradesh, dated 4th December, 2001, wherein the High Court has set aside the judgment and order of conviction of the respondents under Sections 302/149 and 325/129 IPC against all the respondents except respondent No.1. The respondent No.1 has been held guilty under Section 304 (Part I) IPC and sentenced to undergo ten years R.I. and fine of Rs.25,000/and in default to undergo three years further R.I.

2. Briefly stated the prosecution case is that Dinesh (PW1) and his brother Rajesh (deceased) were in their field situated in the forest, for the purpose of watching the crops. At that juncture, the accused persons reached over there having lathis and swords in their possession except accused No.1 Gangabishan alias Vishnu, who was having 12 bore gun and started assaulting Rajesh with their respective weapons. Accused No.1 caused gunshot injury on the left thigh of the deceased by 12 bore