JUDGMENT :

M.M. Sundresh, J.

1. The application for condonation of delay in filing the application for restoration as well as the application for restoration are allowed in Criminal Appeal No.700 of 2011.

2. Conviction and sentence rendered by the High Court of Madhya Pradesh, Bench at Gwalior, confirming the life imprisonment rendered by the 2nd Additional Sessions Judge, Shivpuri, while modifying a similar sentencing to that of seven years, is under challenge before us.

THE CASE AS UNFOLDED THROUGH THE PROSECUTION’S EYES IS:

3. The appellants, along with his group of men, and the deceased, were having prior enmity. It arose pursuant to a water dispute, as the appellants and the villagers allegedly did not appreciate entry into their village facilitated by the purchase of properties by the deceased. The occurrence took place on 25.07.1992 at about 10.00 a.m. The first information was recorded by P.W.20, the Police Officer, who also conducted the investigation, from one of the deceased, Hukum Singh, who subsequently died on 28.07.1992.

4. Under Ex. P-28, Dehati Nalishi, which was recorded as the first information report, the deceased Hukum Singh allegedly made a statement about the prio