JUDGMENT :

Abhay S. Oka, J.

1. These two appeals take exception to the judgment dated 31st July 2009 passed by the High Court of Madhya Pradesh by which conviction of the appellants has been confirmed. In all, there were nine accused. The appellants in Criminal Appeal No.162 of 2010 are accused nos.2 and 3 and the appellant in Criminal Appeal No.1716 of 2010 is accused no.9.

2. As per the case of the prosecution, when the incident occurred, the complainant Jagannath (P.W.1) and his wife Kamlabai (P.W.8) along with their son deceased Laxminarayan as well as two daughters-in-law Suganbai (P.W.10) and Sharmilabai (P.W.11) were sleeping in the house situated near a tube-well in their field. P.W.10 and P.W.11 were sleeping inside the house and others were sleeping outside. Around midnight, the accused reached the house and started assaulting Jagannath (P.W.1). When P.W.8 Kamlabai tried to save P.W.1 Jagannath, even she was assaulted by the accused. At that time, deceased Laxminarayan came there to protect his parents. He was also assaulted by the appellants. Though deceased ran away to save himself, the accused chased him and assaulted him. He sustained injuries. While he was being taken b