P. V. HARDAS, J.

( 1 ) BY these appeals the appellants-original accused in the trial challenge their conviction and sentence for offence punishable under section 302 read with sec. 149 of I. P. C. , 148 of I. P. C, 324 read with sec. 149 of I. P. C. and sentence of imprisonment for life and fine of Rs. 2,000/- each, with a default stipulation of undergoing further R. I. for six months, r. I. for one year and fine of Rs. 500/- each, in default of payment of fine each accused to further undergo R. I. for one month and R. I. for one year and to pay fine of Rs. 500/-, in default of payment of fine each accused to undergo further R. I. for one month restively, by the 4th Additional Sessions judge, Parbhani, by judgment dated 11. 12. 2003, in Sessions Trial No. 154 of 2002. Since both the appeals challenge the same judgment of the Trial court, both the appeals are being decided by this common judgment.

( 2 ) SUCH of the facts as are necessary for the decision of this appeal can briefly be stated thus :- p. W. 8 A. P. I. Subhash Laxman Anmolwar was attached to police station, Purna as A. P. I. On 10. 7. 2002 P. W. 4 Uttam came to the police station at about 6. 45 a. m. and informed P. W. 8 A. P. I. Anmolwar that he and the other family members had been beaten. Since P. W. 4 Uttam was in a frightened condition and was not in a position to speak properly, apparently his complaint was not scribed and, therefore, P. W. 8 A. P. I. Anmolwar along with other staff and P. W. 4 Uttam went to the area of dhangar Takali where the huts of P. W. 4 Uttam and others were situated. On reaching the scene of the offence, they noticed dead bodies of Gyanu dhage and Sanjay Dhage lying at two different places. Similarly they noticed that about 7 to 8 persons were injured. P. W. 9 P. I. Rathod started recording the inquest panchnama of the dead body of Gyanu and P. W. 8 a. P. I. Anmolwar was requested to shift the injured to the Government hospital, Purna for treatment. After taking injured for treatment at the government Hospital and after returning from the hospital, complaint of p. W. 4 Uttam at Exh. 42 came to be recorded. On the basis of the said complaint, an offence vide Crime No. 65 of 2002 under sections 302, 149, etc. of I. P. C. came to be registered. P. W. 9 P. I. Rathod drew the inquest panchnama of the dead body of Sanjay Dhage in the presence of P. W. 7 lawman and another panch. The same is at Exh. 47. Inquest panchnama of Gyanu is at Exh. 47. After the registration of the offence, P. M. 9 P. I. Rathod received copy of the first information report and thereafter drew the scene of the offence panchnama at Exh. 49 in the presence of panchas. From the scene of the offence where the dead body of Gyanu was lying, one rough stone, blood stained earth, broken pieces of bangles and control soil came to be seized. From the spot where the dead body of Sanjay was lying blood mixed soil and control soil came to be seized. A rough sketch of the scene of the offence came to be drawn which is at Exh. 49. The dead bodies of Sanjay and Gyanu were referred for postmortem examination and post mortem was conducted by P. W. 3 Dr. Dwarkadas Zanwar. He noticed the following external injuries on the dead body of deceased sanjay:-1. Lacerated injury on left temporal region, measuring about 1-1/2 x 3/4th inches, there was corresponding fracture of under linening bone; 2. Contusion on back right loin region in direction measuring about 2-1/2 inches; 3. Contusion on right gluteal region transverse in direction 3 x 1/2 inch; 4. Contusion on right gluteal region, oblique in direction 2 x 1/2 inch. ; 5. Lacerated injury on posterior surface of it elbow vertical in direction, measuring about 3/4" x 1/2" there was fracture of under line bone; 6. Lacerated injury on anteromedial surface of arm 1/2 x 1/2", 7. There was fracture upper l/3rd of tibia left; 7a. Lacerated injury on anterior side of left leg, three in number measuring about 1/2 x 1/2 x 1-1/2 x 2-2/1" x l