JUDGMENT

Swatanter Kumar, J.-This appeal is directed against the judgment of the High Court of Madhya Pradesh, Bench at Indore dated 23rd January, 2008. We may notice the necessary facts giving rise to the present appeal. According to the prosecution, Udayram, PW-1 along with his younger brother namely Gokul (the deceased) and sister Rajubai, PW-2 had gone to the village Lod for pilgrimage. After they reached the said village, they came to know that the Pujari who was to perform the puja was not available. Resultantly, all the said three persons decided to return back to their village Dhuvakhedi, Tehsil Tarana, District Ujjain.

2. At about 4-4.30 p.m., when they reached near the said village, all of a sudden the accused persons namely Atmaram, Gokul, Vikram, Ramchandran and Umrao emerged from the fields having soyabean crop. They shouted that the deceased and his relatives had set their soyabean crop afire and therefore, they should be taught a lesson. The accused Ramachandra was armed with farsi, Gokul was carrying dharia and other three accused were having lathis. All these accused persons started assaulting Udayram (PW1) causing injury on his head, left hand and legs. Gokul (t