JUDGMENT

R.K. Agrawal, J.

1) The above appeals have been filed against the common judgment and order dated 11.01.2011 passed by the High Court of Judicature of Bombay, Bench at Aurangabad, in Criminal Appeal Nos. 246 and 250 of 2009 whereby the Division Bench of the High Court confirmed the order of conviction and sentence dated 09.04.2009 passed by the Court of Sessions, Ahmednagar in Sessions Case No. 88 of 2008 for the offences punishable under Sections 143, 147, 148, 302 read with Section 149 and Section 326 read with Section 149 of the Indian Penal Code, 1860 (in short ‘the IPC’).

2) Brief facts:

(a) It is the case of the prosecution that on the fateful evening of 31.01.2008, Ravindra Kale (since deceased) was beaten to death by the appellants herein and others, who were 12 (twelve) in numbers and were armed with swords and iron pipes, owing to a long standing dispute between the deceased and the accused persons.

(b) Shaila Kale (PW-12) – wife of the deceased, filed a complaint with regard to the alleged crime which got registered as Crime No. 14 of 2008 against the accused persons. After investigation, the charges were framed and the case was committed to the Court of Session