SMT. SADHANA S. JADHAV, J. :- The appellants in Criminal Appeal No.217 of 1992 and the appellants in Criminal Appeal No.211 of 1992 stand convicted in Sessions Case No.164 of 1990 for the offences punishable under Sections 147, 148, 324 and 302 read with Section 149 of Indian penal Code. For offences punishable under Sections 148 and 149 of IPC, they are sentenced to undergo R.I. for a period of three years and for offences punishable under Section 302 read with Section 149, they are sentenced to undergo rigorous imprisonment for life. The original accused Nos. 1 to 3 are directed to pay compensation of Rs.5,000/- to the wife of the deceased Balasaheb and the original accused Nos. 4 to 8 are directed to pay compensation of Rs.500/- each to her by the Addl. Sessions Judge, Sangli vide judgment and order dated 20th February, 1992.

2. Being aggrieved by the said judgment, the appellants herein preferred the present Appeals. The appellants were enlarged on bail by an order dated 20th April, 1992.

3. The original accused No.9-Vishwas Bapu Shinde was acquitted by the Addl. Sessions Judge for all the offences for which he was tried. The State of Maharashtra filed Criminal Appeal No.276 of 1992 assailing therein the judgment and order of acquittal. The Appeal was admitted on 29th June, 1992 and an action under Section 390 of Cr.P,.C. Was taken against the respondent and it was directed that Criminal Appeal No.276 of 1992 be heard along with Criminal Appeal Nos. 211 of 1992 and 217 of 1992. Hence, all the Appeals are being decided by a common Judgment.

4. The case of prosecution in a nutshell is as follows :-

The accused Nos. 1 to 3 were close relatives of Balasaheb Anandrao Patil (deceased). The relations between them were not cordial as there was dispute over partition of their property. Secondly, a discordant note had struck between them due to the Grampanchayat elections as they were political rivals. Balasaheb was a diploma holder in electricals. He was running an electrical shop at Sangli. Rajendra, brother of Balasaheb, was the Upa-Sarpanch. On 20th January, 1990, Balasaheb was at Sangli. He received a telephonic message that his brother Vijay was beaten up at Village Bamani by the accused persons. Upon receipt of the said information, Balasaheb went to Vita on a motor-cycle. At Vita, Balasaheb met Vijay and his brother Rajendra and they noticed that Vijay had sustained injury and therefore they approached the Police Officer and lodged a complaint. Vijay was referred to the hospital. The police had registered a non-cognizable case on the basis of the report lodged by Vijay. Rajendra then borrowed a motor-cycle from Ashok Kadam and thereafter Balasaheb, Anandrao, Vijay, Rajendra and Subhash proceeded to Village Bamani on three different motor-cycles. On the way, they had taken two other persons as pillion rider. They left Village Vita at about 10.30 p.m. When they reached near the Grampanchayat office at Bamani, all the nine accused persons came from the Grampanchayat office and the adjacent road. They intercepted the motorcycles of deceased Balasaheb and Vijay. They were armed with different weapons. They encircled the motorcycles and mounted assault upon them. A blow of sword was given on the left fore-arm of PW-4 Anandrao and also on his leg. They started beating the prosecution witnesses indiscriminately. Rajendra who had brain behind also reached the spot. PW-4 Anandrao and Vijay started running from the spot to save themselves. While they were running PW-4 Anandrao collapsed near Mari-A1 temple. PW-8 Vijay also fell down nearby. Rajendra concealed himself behind Maruti temple. However, deceased Balasaheb could not escape from the clutches of the assailants. He made a mil attempt to escape and reached upto public latrine situated closeby. All the accused chased him. Balasaheb was accosted by accused Nos. 6 and 8 who assaulted him with motorcycle chain and axe. Then accused Nos. 1 to 3 battered him to death with the dea