JUDGMENT :

B.R. GAVAI, J.

1. The appeal challenges the judgment and order passed by the High Court of Madhya Pradesh dated 20th November, 2009, whereby the High Court has partly allowed the appeal filed by the present appellants. The learned Fifth Additional Sessions Judge, Indore had convicted the appellants under Section 148 and Section 304 (Part-I) of the Indian Penal Code (for short, “I.P.C.”) read with Section 149 of the I.P.C. and sentenced them to undergo R.I. for 02 years for offence under Section 148 IPC and R.I. for 10 years for offence under Section 304 (Part-I) with a fine of Rs.2,000/-(Rupees Two Thousand Only) in default of payment of fine to suffer additional R.I. for 6 months. The High Court, while confirming the conviction under 304 (Part-I), reduced the sentence to seven years.

2. The prosecution case in brief is that there was a dispute between accused persons and one Mr. Guman Singh, father of deceased Jeevan Singh on account of purchase of land of one Gulab Singh by the accused. It is the prosecution case that on 23rd April, 1997, when deceased Jeevan Singh was going to a vegetable market, Indore for selling the vegetables on his scooter, at around 07:30 a.m., whe