[Criminal Appeal No. 673 of 2008]. This appeal has been filed against the judgment and order dated 25.08.2005 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Appeal No. 82 of 1992 whereby the Division Bench of the High Court partly allowed the appeal and confirmed the judgment dated 02.04.1992 passed by the IInd Additional Session Judge, Shivpuri, Madhya Pradesh in Session Case No. 157/1989 against the appellants herein under Sections 148, 302 read with 149, 452 and 325 read with 149 of the Indian Penal Code, 1860 (for short 'IPC'). Brief facts: As per the prosecution, on 09.09.1989, at about 12 noon, two cows belonging to Badri (since deceased) entered into the field of Ramjilal and Badri (accused), who is having the same name as that of the deceased and damaged the crops standing in the field which resulted into an altercation between them. During altercation, Badri (since deceased) inflicted a lathi blow on the head of accused-Badri and, thereafter, he ran away from the spot. Thereafter, the appellants herein along with Ramjilal, Badri, Roshan and Brijmohan carrying luhangi (lethal weapon) and lathis in their hands reached the house of Badri (since deceased). It is the further case of the prosecution that Chintu Mahte (Appellant No. 2 herein) dragged him from his house and Ramswaroop (Appellant No. 1 herein) gave a luhangi blow on the left rib of the deceased.
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