1. All the appeals are filed against the judgment and order of Sessions Case No. 96/2011, which was pending in the Court of Additional Sessions Judge, Ahmednagar. From the case, accused Nos. 2, 3, 5 and 7 are convicted and sentenced for offences punishable under sections 396, 457 and 380 of Indian Penal Code. The maximum substantive sentence of ten years is given, which is for the offence punishable under section 396 of I.P.C. and for offence under each section the fine of Rs. 5,000/- is imposed on each of the accused. Navnath (accused No. 2) has filed Criminal Appeal No. 375/2013, Gorakh (accused No. 3) has filed Criminal Appeal No. 592/2012 and Noora (accused No. 5) has filed Criminal Appeal No. 580/2012. Accused No. 7 has not filed any appeal. Both the sides are heard.

2. In short, the facts leading to the institution of the appeal can be stated as follows:-

The incident took place on the night between 27.11.2010 and 28.11.2010 in the locality known as Langore Galli, Karjat, District Ahmednagar. The houses of deceased Ashok Langore, Satish Jadhav, Vilas Mahajan and Anaspure are situated in that locality and these houses were broken on that night and the offence of dacoity was committed. In the house of Ashok, two murders were committed. The deceased Ashok was cousin of complainant Ramesh and the house of Ramesh is also situated in the same locality.

3. The wife of Ashok was out of station. The old mother of Ashok and his sister Pramila were present in the house along with Ashok on that night. Satish Jadhav was out of station and he had put lock on his house, when he had left the station. Other persons were at home.

4. On that night, the dacoits broke open the houses of aforesaid persons and they took away valuables like ornaments and bags containing articles. When the complainant visited the house of Ashok, Ashok was already dead. Pramila was seriously injured and she succumbed to the injuries in the hospital. On the basis of report given by Ramesh, the crime was registered for offences punishable under sections 380, 396 etc. of I.P.C. in Karjat Police Station at C.R. No. 223/2010.

5. Annasaheb Ghavte, the P.S.I., who was attached to the aforesaid police station made some investigation. When he prepared the spot panchanama in the house of Ashok, he found one rexine wallet. The complainant and others told that the wallet was not of family members of Ashok. In the wallet, there were receipts of census of the Government and the receipts were bearing in the name of Devidas Dinya Bhosle (accused No. 7). There was one passport size photograph of accused No. 7 in the wallet. Vishal Mahajan informed that a bag of his father containing the clothes of the father and blank cheque was taken away by dacoits. In one house, the handkerchief of Vishal Mahajan was found and in that house also, the dacoity was committed.

6. On the same day, the Investigating Officer searched the house of accused No. 7 in the presence of panch witnesses. The bag of the father of Vishal Mahajan, containing clothes was recovered from the house of accused No. 7 and these articles were identified by the owner of the articles. There was laundry mark 'Mahajan' on these clothes. As police traced the house of accused No. 7, the other accused were also traced during the course of investigation.

7. During the course of investigation, on the basis of statement given by accused No. 2 -Navnath, son of accused No. 7, gold ornament like Bormal came to be recovered from the vicinity of the house of accused Nos. 2 and 7. They were living together. This Bormal came to be identified by the widow of Ashok as it was stolen from their house.

8. Jadhavrao (PW 12), another Investigating Officer, arrested the accused No. 5 -Noora. On the basis of statement given under section 27 of Evidence Act by Noora (accused No. 5), stolen articles like two envelops and blank cheque of the family of Mahajan were recovered and they were identified by this family.

9. Another Investigatin