A.I.S. Cheema, J.

1. Criminal Appeal Nos.208/2010, 170/2010 and 192/2010 have been filed by accused who were tried before the Ad-hoc Additional Sessions Judge, Beed in Sessions Case No.22/2009 and were convicted on 21.4.2010. Two of the accused persons involved (here respondents in Criminal Appeal No.235/2012) in the same incident were absconding and after they were apprehended, they were tried vide Sessions Case No.76/2010 before the Additional Sessions Judge, Beed and were acquitted. Thus, the State filed Criminal Appeal No.235/2012. Appellant/ accused Shriram, who had jointly filed Criminal Appeal No. 208/2010, was granted leave to file separate appeal and thus, he filed Criminal Appeal No.170/2012. By this common judgment, we are disposing of all these appeals.

2. Unless mentioned otherwise, we will refer to witnesses and documents from Sessions Case No.22/2009.

3. In brief, the case of prosecution is as under: Deceased Sandipan Namdeo Jadhav was residing with his brothers Ram and Keshav and his mother Laxmibai, at Subhash Colony, Peth, Beed. He was District President of Rashtrawadi Congress Seva Dal. His mother Laxmibai had been elected as member of Municipal Council, Beed. Asaram Gaikwad (accused No.6) was worker of Rashtrawadi Congress Party and he was Sarpanch of Grampanchayat, Bahirwadi. There was dispute between the family of Sandipan Jadhav and accused No.6 Asaram Gaikwad due to political rivalry. Earlier there had been an incident of assault on 20.2.2008, in which accused Asaram Gaikwad and his relatives had assaulted Ram Jadhav, the brother of now deceased Sandipan. Present incident took place on 16.10.2008 at about 7.30 p.m. when accused No.1 Shriram @ Shirya s/o Sitaram Gunjal, accused No.2 Maroti Jagannath Gaikwad, accused No.3 Santosh Arun Gaikwad, accused No.4 Prakash Pandurang Jadhav, accused No.5 Ritesh Santram Bahir, accused No.6 Asaram Jagannath Gaikwad and accused No.7 Shailesh @ Santosh Jalindhar Jogdand formed unlawful assembly near Tuljabhavani Square, at Punam Lane, Beed, opposite the house of one Dr. Raut. They reached the spot in Indica Car bearing No.MH-21/C-1561 carrying instruments like knife and Kukri and various injuries were inflicted on the person of Sandipan. When people gathered, the accused ran away in the Car. The incident was witnessed by Ram Jadhav, the brother of deceased. One Dipak Gore, Vishnu Gaikwad and one Santosh Jadhav were also there. As per the case of prosecution, Ram Jadhav, with the help of Dipak Gore and Vishnu Gaikwad, took his injured brother Sandipan to Civil Hospital. However, by 8.15 p.m., Sandipan expired. Coming to known of the incident, police reached the spot and then to the Hospital also. At the hospital, inquest panchanama was carried out and then Ram Jadhav filed F.I.R., which was registered at Crime No.169/2008 at Police Station, Peth, Beed under Sections 302, 147, 148, 149 of the Indian Penal Code, 1860 (I.P.C. in brief), Section 27/4 of Arms Act, 1959 and under Section 135 of the Bombay Police Act, 1951. In the same night, post mortem was got done and clothes of the deceased were seized. The abandoned car was also seized. In the morning, spot panchanama came to be recorded. Accused Nos.3 and 4 were arrested on 18.10.2008. Accused Nos.1 and 2 were arrested on 25.10.2008 and accused No.5 came to be arrested on 4.11.2008. From accused No.1, his blood stained clothes and knife used in the incident were discovered on 27.10.2008. On the same day, accused No.2 Maroti gave discovery of clothes worn by him at the time of incident. Other necessary investigation was conducted by police, like seizure of clothes of witness Dipak Gore and recording of statements. Test identification parade was held on 6.1.2009 and charge sheet was filed showing accused Nos.6 and 7 as absconding. The trial came up before Adhoc Additional Sessions Judge, Beed and prosecution brought on record the oral and documentary evidence it wanted. After the trial was conducted, accused Nos.