P.V. Hardas, J.

1. The appellants/Original Accused Nos. 1 - Satyawan @ Sachin Vishnu Kamble, Accused No. 2 -- Manoj Dnyaneshwar Ghule, Accused No. 3 - Pappu @ Vasudeo Shivaji Chavan, Accused No. 4 - Dipak @ Pintu Vijay Chavan, Accused No. 5 - Babu @ Rahul Vishnu Bansode, Accused No. 6 -- Raju Sidram Malgai, Accused No. 7 - Madan Dnyandev Surwase, Accused No. 8 - Pintu @ Pravin Prakash Irakshetti, Accused No. 10 - Rafiq Abbas Inamdar @ Shaikh, have challenged the impugned judgment dated 27/03/2006 passed by the 1st Ad-hoc Additional Sessions Judge, Solapur, in Sessions Case No. 158 of 2004, whereby they have been convicted and sentenced as under :--

"(i) The Accused Nos. 1 to 10 are convicted for offence punishable under Section 147 r/w 149 of the IPC and are sentenced to undergo Rigorous Imprisonment for one year and pay fine of Rs. 1,000/- each in default to undergo RI for three months.

(ii) The Accused Nos. 1 to 10 are convicted for offence punishable under Sections 148 r/w 149 of the IPC and are sentenced to undergo Rigorous Imprisonment for one year and pay fine of Rs. 1,000/- each in default to undergo RI for three months.

(iii) The Accused Nos. 1 to 10 are further convicted for offence punishable under Section 364 r/w 149 of the IPC and are sentenced to undergo Rigorous Imprisonment for Seven years and to pay fine of Rs. 3,000/- each in default to suffer R.I. for one year.

(iv) The Accused Nos. 1 to 10 are convicted for offence punishable under Section 302 r/w 149 of the IPC and are sentenced to suffer Life Imprisonment and to pay fine of Rs. 5,000/- each in default to suffer R.I. for two year.

(v) The Accused Nos. 1 to 6 and 8 are convicted for offence punishable under Section 201 r/w 149 of the IPC and are sentenced to undergo Rigorous Imprisonment for three years and to pay fine of Rs. 1,000/- each in default to suffer R.I. for three years.

(vi) The Accused Nos. 1 to 4 and 7 and 10 are convicted for offence punishable under Section 25(3) of Arms Act and sentenced to undergo Rigorous Imprisonment for three years and to pay fine of Rs. 500/- each in default to suffer R.I. for two months."

Original Accused No. 9 Avinash Raghunath Shinde had filed Criminal Appeal No. 520 of 2006. which was disposed of as abated by order of the Court dated 24/9/2010 as Accused No. 9 Avinash had expired during the pendency of the appeal. Since these appeals have been filed by the accused, who have been convicted in the same Sessions trial, these appeals are being decided by this common judgment.

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

"PW 27 - API Prabhakar Gopale, who, on 17/4/2004, was attached to the Bale Police Chowky, was informed by one Jayprakash Ramlal Tapadia at 9 a.m. that a dead body was lying near the Kalke vasti. Accordingly, the said information was reduced into writing at Exh. 127. On the basis of the said information. accidental death was registered. PW 27 - API Gopale then proceeded to the scene of the incident along with the police staff. On reaching the scene of the incident, he noticed that a crowd had collected at the scene of the incident and a dead body was noticed by the side of the road. The dead body was then removed in an ambulance to the Civil Hospital at Solapur and an inquest panchanama of the dead body was drawn at Civil Hospital in the presence of panchas at Exh. 28. The dead body was subsequently identified by PW 15 - Sanjay Shinde to be the dead body of his brother Ruturaj. The dead body was thereafter referred for postmortem examination and PW 27 -API Gopale then returned back to the police station. PW 15 Sanjay Shinde followed him to the police station where the statement of PW 15 -Sanjay Shinde was recorded at Exh. 80. On the basis of the statement of PW 15 - Sanjay, an offence vide Crime No. 79 of 2004 was registered.

PW 29 - PI Rashid Shaikh, who was attached to the Foujdar Chawadi Police Station, was entrusted with the investigation of Crime No. 79 of 2004.