P.V. Hardas, J.

The appellants, Original Accused Nos. 1, 2, 4, 5, 6, 7 and 8, who stands convicted for offence punishable under Section 302 read with Section 120-B and sentenced to imprisonment for life with no separate sentence being awarded for offence punishable under Section 120-B of the IPC and accused nos. 4 and 4, who, in addition, stand convicted for offence punishable under Section 427 read with Section 34 of the IPC and sentenced to each pay fine of Rs. 5000/- in default to undergo RI for one year, by the 1st Adhoc Additional Sessions Judge, Sewree, Bombay, by judgment dated 17/11/2005, in Sessions Case No. 223 of 2003, by these appeals question the correctness of their conviction and sentence.

2. Facts in brief as are necessary for the decision of these appeals may briefly be stated thus:-

PW 17 - API Bhagwat Karande, who, on 11/11/2002 was attached to the Versova Police Station registered an offence on the basis of the report of PSI Haribhau Marathe at Exh.23. On the basis of the said complaint, he registered an offence against unknown persons under Section 302 of the IPC and under Sections 3/25 and 27 of the Indian Arms Act. Upon registration of the offence, the scene of the incident panchanama was carried out at Exh.25. The inquest panchanama of the dead body of deceased Ali Hasan Nanjani was drawn at Exh.34. Further investigation of the case was handed over to PW 25 - PI Shankar Mahadik. PW 25 - PI Shankar Mahadik, who, in 2002, was also attached to the Versova Police Station, was entrusted with the investigation of Crime No. 222 of 2002 in respect of the death of deceased Ali Hasan Nanjani. The dead body was referred for postmortem examination. He recorded the statements of witnesses and accordingly the viscera was referred to the Chemical Analyzer under requisition at Exh.82. The clothes and other articles were found at the scene of the incident were also referred tot he Chemical Analyzer under requisition at Exh.39. He collected the printouts regarding the telephone calls and the details are at Exhs.83 and 84. Accused Nos. 8 and 9 were arrested on transfer warrant on 18/1/2003.

PW 22 - API Shewale, who was attached to the Oshiwara Police Station and was on duty on 8/1/2003, arrested two suspects, whose names were Allias and Juned i.e. accused nos. 8 and 9. The aforesaid accused had been arrested in Crime No. 635 of 2002 registered at the Oshiwara Police Station. During custodial interrogation, accused - Juned expressed his willingness to point out the place where a box had been concealed. Accordingly, a memorandum of accused no. 8 was recorded in the presence of panchas at Exh.71. The accused led the police and the panch as to his residential house and produced a box. The box, on being opened in the presence of panchas, was found to contain two pistols and nine live cartridges. The said box along with its contents, were seized in the presence of panchas under panchanama at Exh.71 A. During investigation, the pistols and the live cartridges were sent to the C.A. for the opinion of the Ballistic Expert.

PW 23 - PI Baburao Mahadik, who, in the year 2002, was attached to the Versova Police Station, interrogated accused no. 5 and during interrogation, accused no. 5 expressed his willingness to point out the place where a motorcycle had been concealed. Accordingly, a memorandum at Exh.30 was drawn in the presence of panchas. The accused thereafter led the police and the panchas and pointed out the motorcycle which had been parked in front of the Dena Bhavan Building at Jogeshwari. The said motorcycle was accordingly seized under panchanama at Exh.30A. During custodial interrogation, accused no. 2 - Firoz expressed his willingness to point out the STD Booth and accordingly a memorandum in the presence of panchas was drawn at Exh.28. The accused thereafter led the police and the panchas to Alanksha Tower, Versova. A panchanama was accordingly drawn. The accused thereafter led the police and the panchas at Four Bun