1. - Appellant Kanhiya Lal alias Kana was convicted under Sections 302 and 147 while the remaining five appellants (1) Gopal, (2) Madan, (3) Babu Lal, (4) Tejpal, and (5) Dhanna Lal were convicted under Sections 303/149 and 147 and each of them was sentenced to imprisonment for life with a fine of Rs. 1,000/- under Section 302 and 302/142 and one years' rigorous imprisonment with a fine of Rs. 100/- under Section 147 Indian Penal Code by the Sessions Judge, Jhalawar by his judgment dated June 8, 1988

2. PW 2 Panna Lal, PW 7 Dwarka Lal are the brothers. PW 2 Mohan Lal is the nephew and PW 1 Kanti Bai is the widow of the deceased victim Dhanna Lal Mebar. Appellants Gopal, Kanhiya and Madan are the cousins of the deceased victim. They all resided in village Harigarh P,S. Khanpur, District Jhalawar Relations between then were quite cordial. How ever, accused Gopal used to accused the deceased Dhannalal stealing his hens. In the noon of 4-6-1987, accused Gopal fell out with the deceased Dhanna Lal and threatened him with dire consequences. At about 10.30 p m. on that very day the appellants caught hold of Dhanna Lal outside the house of Ram Karan. Each of them had a Lathi. Accus