S.S. Shinde, J.

1. Criminal Appeal No.37/2012 and Criminal Appeal No.501/2012 have been filed by the appellants [original accused], challenging the Judgment and Order dated 13th January, 2012 passed by the Additional Sessions Judge, Shahada, District Nandurbar in Sessions Case No.06/2009, thereby convicting the appellants/original accused for the offence punishable under Section 302 r/w. Section 149 of IPC and sentencing each of them to suffer rigorous Life Imprisonment and also to pay fine of Rs.1,000/- each, in default of payment of fine, to suffer rigorous imprisonment for six months each. The appellants/accused are further convicted under Section 324 r/w. Section 149 of IPC and each of them is sentenced to suffer rigorous imprisonment for two years and also to pay fine of RS.500/- each, in default of payment of fine, to suffer rigorous imprisonment for three months each. The appellants are further convicted under section 147 r/w. Section 149 of IPC and each of them is sentenced to suffer rigorous imprisonment for one year and also to pay fine of Rs.300/- each, in default of payment of fine, to suffer rigorous imprisonment for three months each. The appellants are further convicted under Section 148 r/w. Section 149 of IPC and each of them is sentenced to suffer rigorous imprisonment for two years and also to pay fine of Rs.500/- each, in default of payment of fine, to suffer rigorous imprisonment for three months each, and appellant No.10 namely Mehmoodali @ Kalu Miyadad Makrani/original accused No.10 is further convicted for the offence punishable under Section 341 of the IPC and sentenced to suffer rigorous imprisonment for one month and also to pay fine of Rs.200/-, in default of payment of fine, to suffer rigorous imprisonment for one month. All the sentences are to run concurrently. Criminal Appeal No. 242 of 2012 has been filed by the appellant [victim] for enhancement of sentence and to convict the accused/respondents for the offence punishable under Section 120B, Section 4 r/w. Section 125 of Arms Act and Section 37[1][3] r/w. Section 135 of Bombay Police Act.

Facts of prosecution case, in brief, are as under:

2. On 14.10.2008 at about 11.15 a.m. a telephonic call was received on telephone No. 252390 in the house of Abdul Raheman Mauladad Makrani and at that time it was informed that, labourers have come in his agricultural land, and therefore, requested to come there immediately. Abdul Raheman Makrani directed his son Abdullah Abdul Raheman Makrani [deceased] to go immediately towards the agricultural land. Accordingly, Abdullah Abdul Raheman Makrani on motorcycle went towards Abdul Hakeem Abdul Sattar [PW1] and Salauddin Sher Mohammad [PW3]. Accordingly, all three of them, on motorcycle started proceeding towards agricultural land at Pimpripada.

3. It is further alleged by the prosecution that, when the motorcycle of Abdullah Abdul Raheman Makrani came near Hanuman temple of village Pimpripada, at that time from backside a motorcycle driven by Mehmoodali @ Kalu Miyadad Makrani [accused no.10] overtook the motorcycle of Abdullah Abdul Raheman Makrani. After overtaking the motorcycle, Mahmoodali directed to Abdullah Abdul Raheman Makrani to stop his motorcycle, and accordingly, he stopped the motorcycle and Abdullah Abdul Raheman Makrani, Abdul Hakeem Abdul Sattar and Salauddin got down from the motorcycle. In the meantime from backside a jeep and one big L.P. truck came there and at that time Gulamali Muradali Makrani [accused no.1], Latifali Gulamali Makrani [accused no.2], Sameerali Gulamai Makrani [accused no.3], Saeed Suleman Makrani [accused no.7], Nisarali Noor Mohammad Makrani [accused no.9], Imranali Nisarali Makrani [accused no. 8], Shafi Mohammad Abdul Hamid Makrani [accused no.4], Haneef Gulam Rasool Makrani [accused no. 5] and Irfaan Suleman Makrani [accused no.6] armed with Koyeta, sword, razor, wooden Dengara and sticks got down from the jeep and truck and started abusing and threatening to Abdul