JUDGMENT - BARDE V.K., J.:—The Second Additional Sessions Judge, Osmanabad, has convicted the appellants-accused in Sessions Case No. 15/1993 for offences punishable under sections 302 read with 149, 148 and 147 of Indian Penal Code. Hence, this appeal against conviction and sentence.

2. Madhukar Bendkale of village Mahalingraiwadi, which is also called as Yenegurwadi, on 20-8-1992 at about 9.00 a.m. was sitting in front of his house. The seven accused went there and demanded explanation from him as to why he was making false allegation against them. The seven accused then beat Madhukar with fist blows and kicks and left the place. Rajendra s/o Madhukar who was in the field returned home after some time and he learnt about the beating. Then he and his father went to the lane where the accused were residing to ask them as to why Madhukar was beaten. The seven accused then beat Madhukar and Rajendra. They gave fist blows, kicks, also used stone for beating. The accused-Ankush was having Sattur and he hit Madhukar on left leg with Sattur. Madhukar received bleeding injury. The accused Devidas was having wooden handle of spade and he hit Madhukar with the wooden handle. Accused Umrao wa

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