JUDGMENT

Shivaraj V. Patil J.-The appellants were tried for offences under Sections 147, 148 and 302 IPC on the allegations that about four months prior to the incident, some quarrel had taken place between the deceased Baburam and the appellant No. 4 Dataram in relation to raising of boundary wall. On 12.4.1983 at about 7.00 P.M. the deceased accompanied by Ramhet, had gone to Vidyaram (PW-8) to engage some labourers for cutting crop in his field and while returning from the house of Vidyaram, when the deceased came near the Chabutra of appellant No. 4, he shouted to the remaining accused who were there that the deceased was their enemy and he should not be allowed to go and kill him. The appellant No. 6 Ramjilal assaulted the deceased with the lathi on his head. When he fell down on the ground, all the appellants assaulted him. In spite of Ramhet intervening, the appellants did not stop assaulting. When they found that the deceased had died, the appellants dragged his body from the spot to place near Tiwaria of appellant No. 1 Bharosi. Thereafter, they ran away. Bachchulal (PW-10), brother of the deceased lodged first information report. The incident was witnessed by Vidyaram (P