JUDGMENT

HARJIT SINGH BEDI,J

The facts leading to this appeal by special leave are as under :

On 13.1.1997 at about 6 a.m. Bhairu Dadu Misale, resident of village Veeravade was on his way to Sholapur taking food for his son, who was in jail at that time. A short distance away from village Veeravade on the Pakani- Veeravade road he met PW 30 Kishore and PW 33 Dhanaji Tukaram Mane, both residents of the same village and got into a conversation with them. Bhairu Dadu thereafter left on his way to Sholapur, but a minute or two later the two P.Ws heard a noise and on looking in that direction observed that Bhairu Dadu had been surrounded by the six accused and while accused No.1 Jaisingh Shivaji Awatade and accused No.2 Shanu Awatade had caught hold of him, accused No.5 Haridas had closed his mouth, whereas the other two accused were strangulating him with a rope. Bhairu Dadu soon died on which his dead body was removed from the spot in Jeep bearing No. MH-13/A-3125 and deposited in the land of one Shanker (after it had been burned beyond recognition) from where it was subsequently recovered. It appears that Guranna PW1 who was not an eye witness received information about the dead