ORDER :

SURYA KANT, J.

1. This is a set of cross-appeals preferred by (i) Central Bureau of Investigation (hereinafter referred to as “CBI”), and (ii) the convicts against the judgment dated 14th July, 2010 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur whereby five criminal appeals have been decided by way of a common order. While the CBI is aggrieved by the commutation of death sentence, the convicts (hereinafter referred to as the ‘respondents–accused’ in the lead case) have questioned their conviction by the Special Court as affirmed by the High Court.

2. Firstly, a very brief reference to the facts may be made. Bhaiyyalal Sudam Bhotmange was residing on the outskirts of Khairlanji Village called as ‘Toli’ with his wife Surekha, two sons, Sudhir and Roshan and one daughter, Priyanka. They belong to Mahar caste (Scheduled Caste). Siddharth Gajbhiye (PW-18) of nearby Village Dhusala was their family friend. Siddharth Gajbhiye came to the house of Bhaiyyalal Sudam Bhotmange in the morning when Accused no. 2 (Sakru) met him and demanded back wages on account of which there arose a dispute and Siddharth Gajbhiye slapped Sakru. In the evening when Siddharth Gajbh