JUDGMENT

INDU MALHOTRA, J.

1. The present Criminal Appeal has been filed by the State of Madhya Pradesh against the judgment and order dated 03.01.2006 passed by the Gwalior Bench of the Madhya Pradesh High Court, in Criminal Appeal No. 657/1998. The Criminal Appeal was filed by the Respondents against their conviction under Section 307 of the Indian Penal Code (hereinafter referred to as “Section 307”). The High Court reduced the conviction of the Respondents from Section 307 to Section 324 of the Indian Penal Code (hereinafter referred to as “Section 324”).

2. The facts of the case, briefly stated, are as under:

2.1 The case of the Complainant – Sukhdev, as recorded in the F.I.R., is that on 12.11.1997 the Complainant-Sukhdev along with his brothers – Balveer Yadav and Deshraj Yadav, had gone to the District Court, Ashok Nagar to attend the hearing of their case against Accused /Respondent No. 1 – Harjeet Singh. After the hearing, at around noon, the Complainant – Sukhdev and his brothers crossed the road, and were standing in front of the Jail, when Ramji Lal – Accused /Respondent No. 2 alongwith an unidentified assailant called Sardar caught hold of Balveer Yadav and Deshraj Ya