A.S. Gadkari, J.

1. The Appellants/original accused Nos.1 to 4 along with two other accused persons viz. original accused Nos.5 and 6 i.e. Mangal Mahadev Gavade and Suresh Dattu Gavade were tried for the offences punishable under Sections 143, 146, 147, 148, 149, 452, 302, 201 and 120(B) of the Indian Penal Code by the District Judge -3 and Additional Sessions Judge, Sangli in Sessions Case No.215 of 2006. The Appellants/original accused Nos.1 to 4 are convicted by the District Judge -3 and Additional Sessions Judge, Sangli by its impugned judgment and order dated 11th April 2011 in Sessions Case No.215 of 2006 for the offence punishable under Section 302 read with Section 120(B) of the Indian Penal Code and have been sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/-each, in default of payment of fine to suffer rigorous imprisonment for two years. The Appellants i.e. original accused Nos.1 to 4 have been further convicted under Section 120(B) of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.5,000/- each, in default of payment of fine to suffer further rigorous imprisonment for six months. The Trial Court has acquitted the Appellants i.e. original accused Nos.1 to 4 from the offences punishable under Sections 143, 146, 147, 148, 149 and 201 of the Indian Penal Code. The Trial Court has acquitted the original accused Nos.5 and 6 i.e. Mangal Mahadev Gavade and Suresh Dattu Gavade respectively from all the offences charged against them i.e. from the offences under Sections 143, 146, 147, 148, 149, 452, 302, 201 and 120(B) of the Indian Penal Code. The Appellants have preferred the aforesaid Appeals thereby impugning the judgment and order dated 11th April 2011 passed by the District Judge -3 and Additional Sessions Judge, Sangli in Sessions Case No.215 of 2006. In the present Judgment, the Appellants are termed with reference to their original accused numbers for preciseness in the matter.

2. The facts which are enumerated from the record can briefly be stated as under :

i) P.W.22 – Suhas Nadgouda was attached to Miraj Rural Police Station as Assistant Police Inspector from November 2004 to May 2007. That in the morning of 15th June 2006 at about 7.30 a.m. Police Head Constable Kamble informed him via telephone that despite of giving a call in the house of Balu Gavade which is situated in Gavade Vasti in village Arag, nobody is responding from the house. Police Head Constable Kamble further informed P.W.22 – API Suhas Nadgouda that two tiles (kawl) from roof of the house of Babu Gavade are also found to be removed which has created suspicion in the mind of Police Head Constable Kamble. P.W.22 – API Nadgouda along with his staff immediately proceeded to Gavade Vasti at the house of Balu Gavade. After reaching to the house of Balu Gavade, P.W.22 – API Nadgouda asked Assistant Sub Inspector Koli to climb on the roof of the said house and to see what has happened inside through the opening from where the tiles of the roof were removed. ASI Koli climbed on the roof and saw through the opening and informed P.W.22 – API Nadgouda that six persons inside the house are lying in a pool of blood.

ii) Under the directions of P.W.22 – API Nadgouda, ASI Koli entered into the said house from the roof and opened the main door from inside. P.W.22 – API Nadgouda and his staff thereafter entered into the said house of Balu Gavade and inspected the spot of incident. They saw dead bodies of six persons were lying in the room. Out of the said six persons, one person was a boy of about 15 years of age and one person was a girl of about 14 years of age. P.W.22 – API Nadgouda thereafter called one person by name Suresh Gavade from the said locality. Suresh Gavade identified all the six dead bodies and disclosed the names of the deceased persons as (i) Balu Amanna Gavade; (ii) Shirmabai Balu Gavade; (iii) Sunil Balu Gavade; (iv) Chaya alias Chakuli Balu Gavade; (