particularly no injury caused by lathi i.e. lacerated wound, has been noticed over the body of the deceased by the doctor conducting postmortem i.e. Dr. Mahesh Singh (PW-16) and it has not been noticed in postmortem report Ex.P-14A. More particularly, it is admitted position on record and it is clearly evident from the material available on record that near the place of incident where the mahuwa tree was existing, the accused/appellants had already constructed a kachha shed for keeping animals and they used to keep their animals therein and as such, the place where the dispute took place, was in the possession of the appellants. There is nothing on record to show that these appellants knew that offence of murder is likely to be committed by appellant No.1 Pushparaj Singh (A-1) and therefore in view of the aforesaid decisions of the Supreme Court in Masalti (supra), Sherey (supra), Musa Khan (supra), Nagarjit Ahir (supra), Pandurang Chandrakant Mhatre (supra) and Vijay Pandurang Thakre (supra), it would be unsafe to convict these five accused persons i.e. appellants No.2 to 6 herein namely, Indraraj Singh (A-2), Shivraj Singh (A-3), Komalnarayan Singh (A-4), Dharamraj Singh (A-6) & Kashi Bai (A-7) for offence under Section 302 with the aid of Section 149 of the IPC. Accordingly, their conviction and sentence under Section 302 read with Section 149 of the IPC are set aside and they are acquitted of the said charges on the basis of benefit of doubt. However, their conviction and sentences for offences under Sections 147, 148 & 323 read with Section 149 of the IPC are hereby maintained. They are on bail. They need not surrender. However, their bail bonds
