JUDGMENT :

Hrishikesh Roy, J.

1. This Appeal has been preferred by 5 accused, namely, Karulal(A-5), Amra(A-6), Kachru(A-7), Suratram(A-8) and Bhagirath(A-9). They challenge the judgment and order dated 23.6.2009 in Criminal Appeal No.1637 of 1999 whereby, the Madhya Pradesh High Court, Indore Bench approved the conviction of the appellants under Section 148, 302 read with Section 149 of the Indian Penal Code, 1860 (for short “the IPC”) and the resultant sentence for such conviction ordered by the 2nd Additional Sessions Judge, Mandsaur (hereinafter referred to as, “the learned Trial Court”).

2. The prosecution case is that at about 8-8.30 AM Madhavji the deceased, was present in his fields on 18.8.1993 and his son Bhawarlal (PW3) was grazing cattle nearby. Bhawarlal suddenly heard his father cry out and saw that Amra, Kachru, Karu, Surtaram, Lalu (who is now dead) and Bhagirath were attacking his father with axe, sword, farsa, lathi, etc. On hearing commotion, Shyambai (PW 13), daughter of the deceased, and Bhawarlal (PW9) son of Kaniram and Babulal (PW12), also reached the spot. On seeing them, the accused ran away. Bhawarlal then arranged a bullock cart and took his injured father t