A. B. CHAUDHARI, J. :- The appellants/original accused nos. 1, 3 and 5 have preferred this appeal against the judgment and order dated 31/1/2009 passed by the 9th Ad-hoc Additional Sessions Judge, Nagpur in Sessions Trial No.45/2007 convicting accused no.3 Keshav for the offence punishable under Section 302 of Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.2000/-, in default to undergo further imprisonment for six months, accused no.1 Rukhamabai and accused no.5 Kisan for the offence punishable under Section 326 read with Section 149 of Indian Penal Code and sentencing them to suffer rigorous imprisonment for three years and to pay a fine of Rs.1000/- each, in default to undergo further rigorous imprisonment for three months. They were also convicted for the offence punishable under Section 143 of Indian Penal Code and sentenced to suffer rigorous imprisonment for a month and to pay a fine of Rs.250/- each, in default to undergo further rigorous imprisonment for a month. They were also convicted for the offence punishable under Section 147 of Indian Penal Code and sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.500/- each, in default to undergo further rigorous imprisonment for two months. They were also convicted for the offence punishable under Section 148 of Indian Penal Code and sentenced to suffer rigorous imprisonment for a year and to pay a fine of Rs.750/- each, in default to undergo further rigorous imprisonment for three months. The substantive sentences of imprisonment were directed to run concurrently. The original accused no.2 Naresh has suffered the sentence and has not preferred appeal.

2. It is the case of the prosecution that on 23/9/2006 deceased Chakradhar was not keeping well and, therefore, was taking rest in chappri of his house. His brother P.W.3 Girdhar and mother P.W.12 Lahanabai were also at home. At about 4 p.m. accused no.1 Rukhamabai came to his house and started shouting that deceased Chakradhar had practiced witchery on her. Then she caught hold of his hand and dragged him out of the house for taking him towards temple. On way to the temple, they came near the house of one Niru Kangale where her husband accused no.5 Kisan, her sons accused no.2 Naresh, accused no.3 Keshav, accused no.4 Moreshwar and her another son absconding accused Uttam were standing. P.W.3 Girdhar, P.W.12 Lahanabai and P.W.5 Jyoti were watching. Accused no.2 Naresh and absconding accused Uttam caught hold of deceased Chakradhar. Accused no.5 Kisan kicked him. Accused no.3 Keshav started giving blows by knife on his chest and abdomen while absconding accused Uttam delivered a blow by knife on his thigh. P.W.3 Girdhar and P.W.12 Lahanabai went to the rescue of deceased Chakradhar. However, absconding accused Uttam gave blows on the back, thigh and hand of P.W.3 Girdhar with stick and accused no.3 Keshav gave a blow on the chest of P.W.12 Lahanabai by knife. Deceased Chakradhar ran away in an injured condition to his house. Thereafter he was taken to Police Station, Bhiwapur where P.W.3 Girdhar lodged report (Exh. 42) and P.W.9 P.S.I. Landge registered offences punishable under Sections 147, 148 and 307 of Indian Penal Code against the accused persons.

3. P.W.1 Dr. Reena Satpute noticed eight stab/cut wounds on the person of deceased Chakdradhar. Thereafter Investigating Officer completed investigation and filed charge-sheet. Chakradhar succumbed to his injuries after 12 days, i.e. on 5/10/2006.

4. The learned trial Court appreciated the evidence and finally acquitted accused no.1 Rukhamabai, accused no.2 Naresh, accused no.4 Moreshwar and accused no.5 Kisan of the offence punishable under Section 302 of Indian Penal Code, but convicted accused no.3 Keshav for the offence of murder punishable under Section 302 of Indian Penal Code. The trial Court convicted accused no. 1 Rukhamabai, accused no.2 Naresh and accused no.5 Kisan for the offence punis