All these criminal appeals take exception to the judgment and order dated 18/10/2013 passed by learned Additional Sessions Judge, Nagpur in Sessions Trial No. 554/2002.

For the sake of convenience, accused numbers are referred according to their serial numbers as mentioned in charge (Exh. 20).

By the impugned judgment passed by the learned trial Court, accused No. 1 Vijay Kisanrao Mate, accused No. 4 Umesh Sampatrao Dahake, accused No. 9 Kiran Umraoji Kaithe, accused No. 10 Kamlesh Sitaram Nimbarte, accused No. 13 Dinesh s/o. Devidas Gaiki and accused No. 15 Raju Vitthalrao Bhadre came to be convicted for the offences punishable under Sections 147, 148 and 302, 120-B read with Section 149 of Indian Penal Code and are sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/-, in default to suffer simple imprisonment for three months for the offence punishable under Section 147 of Indian Penal Code, to undergo rigorous imprisonment for one year and to pay fine of Rs. 500/-, in default to suffer simple imprisonment for three months for the offence punishable under Section 148 of Indian Penal Code and to suffer rigorous imprisonment for life and to pay fine of Rs. 1000/- and in default, to suffer simple imprisonment for three months for the offences punishable under Sections 302, 120(b) read with Section 149 of Indian Penal Code.

Accused No. 5 Ritesh S/o. Hiramanji Gawande and accused No. 11 Ayub S/o. Amir Khan are convicted for the offences punishable under Section 147 and 302, 120(b) read with Section149 of Indian Penal Code and are sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/-, in default, to suffer simple imprisonment for three months for the offence punishable under Section 147 of Indian Penal Code and to undergo rigorous imprisonment for life and pay fine of Rs. 1000/-, in default, to suffer simple imprisonment for three months for the offences punishable under Sections 302, 120(b) read with Section 149 of Indian Penal Code.

Accused No. 1 Vijay Kisanrao Mate, accused No. 4 Umesh Sampatrao Dahake, accused No. 5 Ritesh Hiramanji Gawande, accused No. 9 Kiran Umraoji Kaithe, accused No. 10 Kamlesh Sitaram Nimbarte, accused No. 11 Ayub Amir Khan, accused No. 13 Dinesh S/o. Devidas Gaiki and accused No. 15 Raju Vitthalrao Bhadre are acquitted of offences punishable under Sections 186, 332, 353 and 307 of Indian Penal Code, under Section 4 read with Section 25 of Arms Act and under Section 135 of Bombay Police Act.

Accused No. 2 Mangesh Shivajirao Chavan, accused No. 6 Mayur alias Banti Shivajirao Chavan, accused No. 7 Pandurang Motiram Injewar, accused No. 8 Rajesh Dayaramji Kadoo, accused No. 12 Mahesh Damodhar Bante, accused No. 14 Sandip Nilkanthrao Sanas, accused No. 16 Maroti alias Navva Santoshrao Walake are acquitted of the offences punishable under Sections 147, 148, 149, 186, 120(b), 332, 353, 307, 302 read with Section 34 of Indian Penal Code and under Section 4 read with Section 25 of Arms Act and Section 135 of Bombay Police Act.

Trial against accused No. 3 Sachin Arunrao Gawande came to be abated since dead. Trial against accused No. 17 Raju Tukaram Gaikwad could not be conducted since he is absconding.

FACTS

1. The case of prosecution can be briefly stated as under:

Deceased Pintu alias Swapnil Dilipsingh Shirke (hereinafter referred to as 'deceased Pintu'), Hitesh Uike (P.W. 27) and Pappu Malviya (P.W. 28) were facing trial for the offence punishable under Section 307 of Indian Penal Code in respect of alleged assault by them on accused No. 1 Vijay Mate on 18/7/2001, which was pending in the Sessions Court, Nagpur. Accordingly on 19/6/2002, deceased Pintu, Hitesh Uike (P.W. 27), Pappu Maliviya (P.W. 28) and Gajraj Mahato (P.W. 16), who was accused in some other crime, were brought in the Court by Head Constable Prabhakar (P.W. 21), Head Constable Dee