JUDGEMENT :- This is a Criminal Appeal at the instance of the appellants. The appellant Nos. l, 2 and 4 i.e. Madhukar, Prakash and Damodhar are convicted for an offence under Section 323 while accused/appellant No. 3 Anil is convicted for an offence under Section 326 of the Indian Penal Code. All were originally tried for offence under Section 302 read with Section 34 of the Indian Penal Code for having committed murder of one Panjab Kachru Mahajan.

2. The prosecution story shortly stated is as under :

That on the fateful day, i.e. on 26-11-1988 at about 8 p.m. at Benoda locality Panjabrao Kachruji Mahajan came to the shop of the accused No. l Madhukar and asked for some kerosene. Since Madhukar refused to give him kerosene, there was an altercation between Madhukar and Panjabrao. In the meantime, the other three accused persons came there, out of whom appellant No. 1 was armed with stick. The four accused persons dealt with the said Panjabrao very severely inasmuch as the accused No. 3 dealt him the several stick blows while the other three assaulted him with kicks and fists. Panjabrao is said to have died instantaneously on the spot. One witness P.W. 2 Gajanan is said to have seen

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