JUDGMENT

Nanavati, J.-This is an appeal against the judgment and order of the High Court of Madhya Pradesh in Criminal Appeal No. 762 of 1983. The High Court set aside the judgment and order of acquittal passed by the Court of Sessions Judge, Sidhi in Criminal Case No. 113 of 1981.

2. On 12.7.81 at about 7.30 A.M. Thakurdin (deceased), his brother P.W.6 Brijwasi, son P.W. 8 Bhaiyalal and their servant Budhi were working in their Bakura field. Bhaiyalal and Budhi were sowing paddy and Thakurdin and Brijwasi were extracting grass in one corner of the field. It was the prosecution case that while these persons were working in their field, all the appellants, with three other accused, came there armed with lathis and a kudali . They abused and assaulted Thakurdin, Brijwasi and Bhaiyalal as they were taking water, for irrigating their field, from the field of Ramsiya. Thakurdin was given a kudali blow on his head and was also beaten by sticks. Brijwasi "was given blows with sticks. As Bhaiyalal raised shouts for help he was hit on his head with a kudali by Hubelal (Accused No. 11). He became unconscious and fell down on the ground. Thereafter he was given stick blows by the other a