JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.

1. This appeal is directed against the judgment of the Division Bench of the High Court of Himachal Pradesh, dated 18.06.2008, in Crl.A.No.280 of 2005. The de facto complainant is the appellant. The respondents 1 to 5 were arrayed as accused 1 to 5 along with Gurnam Singh and Jagtar Singh, two other accused in Sessions Trial No.13/7 of 2001/2002.

2. The case of the prosecution was that on 30.03.2002, a group of pilgrims were led by the second accused to Shah Talai for worshiping Baba Balak Nath. The deceased Jeet Singh, was taken by the second accused along with the team for the purpose of cooking. The pilgrims reached Shah Talai on 30.03.2002. On reaching Shah Talai and after paying obeisance at the temple, the pilgrims stayed at Dana Mandi in Shah Talai. The accused party appeared to have been not satisfied with the food prepared by Jeet Singh and being annoyed by the said factor, it was alleged that the accused beat the deceased Jeet Singh, after tying his hands with Parna (a piece of cloth used both as head-gear and towel by the villagers). The deceased was taken towards a khud in a jeep-taxi belonging to P.W.6, Milap Chand. The accuse