JUDGMENT

DR. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Madhya Pradesh High Court, Gwalior Bench partially allowing the appeal filed by the respondents. The Additional Sessions Judge, Pichhore, District Shivpuri found the respondents guilty of having committed offence punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860 (in short the `IPC) and sentenced each to undergo seven years RI with fine of Rs.1,000/-.

3. The High Court by the impugned judgment held that the proper conviction would be under Section 326 read with Section 34 IPC and the sentences were to be reduced to the period already undergone.

4. Background facts in a nutshell are as follows:

On 7.2.1997 daughter of the complainant was married to Sitaram and the complainant wanted to give his property to his daughter. Respondent-Imrat who is one of the close relatives of the complainant, objected to this and, therefore, on 2.3.1997 accused persons caused injuries to the complainant. At the time of the incident accused Imrat had a lathi in his hand and accused Komal had a farsa with him. They caused six injuries on the complainant