JUDGMENT

T.S. Thakur, J.

1. This appeal by special leave arises out of an order dated 22nd July 2002 passed by the High Court of Bombay at Goa whereby the appeal filed by the appellant has been dismissed and the conviction and sentence awarded to him by the trial Court for offences punishable under Sections 143, 148, 323, 325 and 302 read with Section 149 IPC upheld.

2. Felix Felicio Monteiro aged about 60 years at the time of the incident was the President of a Chapel at Bastora in Goa. The Chapel it appears is situated next to the house of one Rosalina Monteiro. The chapel and the house owned by Rosalina are accessible from the main road by a path about 20-25 meters in length. A dispute regarding the said path and resultant litigation was it appears at the bottom of the incident that culminated in the sad and untimely demise of Felix Felicio Monteiro.

3. On 11th May, 1997 the deceased Shri Monteiro, his wife PW1 Sebastiana Monteiro, PW4 Julie Monteiro, her husband PW6 Salish Monteiro besides a few others went to the Chapel equipped with the necessary tools and implements in order to put up a fence around the property. The prosecution story is that while pits for fixing cement po