JUDGMENT :

G.S. AHLUWALIA, J.

1. This criminal appeal has been filed under section 374 of Criminal Procedure Code against the judgment dated 29-11-2003 passed by 4th Additional Sessions Judge (Fast Track Court), Shivpuri in S.T. No. 288/2002 by which the appellants have been convicted under section 304 Part-II, 34 of Indian Penal Code and have been sentenced to undergo the rigorous imprisonment of five years and a fine of Rs. 1000/- with default imprisonment.

2. The facts of the present case in short are that on 14-9-2002 the complainant Mohan Singh lodged a FIR at about 20:45 against the appellant and other co-accused persons alleging that at about 4:00 P.M. some dispute had taken place between Lakhan and co-accused Hari Singh on the question of grazing of cattles and, therefore, on this issue, the appellants and the co-accused Hari Singh, Harnam, Devendra, Bundela, Kailash, Shivraj Singh, Raja Singh Yadav, Ramji Lal etc. came on the spot who were armed with sharp edged weapon as well as lathies and challenged the complainant party that if they are the son of their father then they may stop the accused persons from grazing their cattles in the field. When the complainant party object