J U D G E M E N T

Heard finally.

2. This judgement shall govern the disposal of Criminal Appeal No.1611 of 2013 filed by appellant Vikram S/o Ramchandra, Criminal Appeal No.1613 of 2013 filed by appellant Sanju S/o Mithulal and Criminal Appeal No.1615 of 2013 filed by appellants Pappu S/o Mithulal, Vishnu S/o Mithulal and Mansingh S/o Govind Bagri (since dead during the pendency of appeal and as per order dated 15.12.2015, appeal against him has already abated). All these three appeals have arisen out of the judgement dated 19.11.2013, passed in S.T. No.292/2010 by IVth A.S.J., Ujjain whereby finding the appellants guilty, the learned Judge of the trial Court has convicted them as under:-

3. In brief, the facts of the case are that complainant Laxminarayan (PW-4), his brother Madan (Pw-8), Ganesh and the deceased Ashok are the brothers and the deceased Ashok used to reside with his wife and children in village Juna Somwariya and their father's land situated at Village – Gonsa was also orally partitioned amongst the brothers. Near this land, there is a land of one Govind Gayari and adjacent to these lands, there is a government land in which the cattle(s) of the complainant and the appellant party grazed. The case of the prosecution is that 3-4 months prior to the date of incident i.e. 11.05.2010, appellants Mansingh and Vikram had tried to plow the government land and at that time the complainant Laxminarayan and his brothers had objected to it, hence, a dispute was brewing between the parties. It is alleged that on 11.05.2010, at around 22:00 hours when the complainant Laxminarayan was coming from distributing the milk in the village, he heard some voices and saw that in front of the house of appellant Vikram Gayari, appellant Mansingh having armed with a stick, appellant Sanju armed with a knife, appellants Pappu and Vishnu were having sticks, and appellant Vikram armed with a knife were assaulting his brother Ashok, the deceased and his nephew PW-5 Lala and when he tried to intervene, appellant Vishnu gave him a stick blow on his head and when he sat down another blow was also given to him on his right arm. His brother Ashok got injured in the incident and had a bone deep head injury inflicted by a stick. His nephew Lala was also assaulted by Sanju and Vikram by knives on 3 - 4 places and he was also lying on the ground in an injured state. At that time, the other persons and the women of the house came and complainant's son Jitendra (PW-6), his nephew Motilal (PW-9), Rajesh and Ramesh (PW-7) also came, Ramesh had also suffered a knife injury. The injured persons were taken to the Government Hospital and from there, Ashok and Lala were taken to C.H.L.Apollo Hospital, Ujjain where the Doctor informed him that Ashok has died, whereas Lala was admitted. The complainant could not get himself examined because he was busy in looking after the other injured persons. Thus, Dehati Nalshi-Ex.P/10 in this regard as was lodged at C.H.L. Hospital through Police Station Bherugarh at around 1:30 AM in the night of 12.05.2010, and subsequently, the FIR Ex.P/29 at crime No.136/2010 was lodged at Police Station Bherugarh. Injured Ashok, Lala and Ramesh were also examined by the doctor and their M.L.C.s report as Ex.P/1, P/2 and P/4, whereas Laxminarayan, the complainant got himself examined on 12.05.2010 at around 2:30 PM which is proved as Ex.P/3.

4. Counsel for the appellants has vehemently argued before this Court that the impugned judgement is liable to be set aside only on the ground that the injuries suffered by the appellants' side have not been explained by the police. It is further submitted that as per the deposition of PW-1 Dr. Ajay Khare the persons from the appellants' side,