A.B. Chaudhari, J.

1. Being aggrieved by the Judgment and Order dated 24th September, 2012 passed by Ninth Additional Sessions Judge, Nagpur, in Sessions Trial No. 59 of 2004, by which the Accused Nos. 1 to 5 were convicted for the offence punishable under Section 302 read with Section 149 of Indian Penal Code, so also for offences under Sections 147, 148, 324 read with Section 149, and 451 read with Section 149 of Indian Penal Code, and sentenced to suffer Rigorous Imprisonment for Life, the appellants-accused Nos. 1 to 5 have filed these appeals. These appeals are taken together for final hearing as they are directed against the common Judgment and Order in Sessions Trial No. 59 of 2004.

Facts:

2. In brief, the prosecution case is, Asha Waghmare [PW4], informant, lodged a report against Accused Nos. 1 to 5 with Panchpaoli Police Station on 02nd November, 2003. In the report, she stated that she, her husband [since deceased], who was working in Nagpur Municipal Corporation, daughter Komal, and sons Ajay and Sanjay were residing at Yadavnagar, Nagpur, while accused persons were also living in the same locality. Four months before the date of incident, a quarrel had taken place between her husband, Accused No. 1 Niyaz Ali and Accused No. 4 Kanija Begum. On the report of Accused No. 4 - Kanija Begum, an offence punishable under Section 324, Indian Penal Code, was registered against her husband. Thereafter, they went reside at Chacher. On 02nd November, 2003, her father-in-law came to Chacher and informed that a theft had taken place in her house at Yadav Nagar and, therefore, all of them returned to their house and the incident of theft was reported to Police Station.

3. It is the case of the prosecution that on 2nd November, 2003 at about 8.30 p.m., while Asha, her husband and children were at home, Accused No. 1 Niyaz Ali with other accused persons entered her house with weapons and they assaulted her husband with weapons on chest, stomach and legs and she was assaulted on face and head. Thereafter, all the accused persons went away from their house. The offence was registered at Panchpaoli Police Station and investigation was undertaken. Inquest Panchanama was prepared, Post-mortem Report was obtained, accused persons were arrested, investigation was carried out, statements were record and finally charge-sheet was filed.

4. Learned Sessions Judge recorded the evidence tendered by the prosecution and finally, after hearing the evidence and arguments, convicted all the accused persons. Hence these are the appeals filed by all the accused persons.

5. In support of the appeals, learned counsel for the appellants-accused vehemently argued that:-

[a] The prosecution failed to prove its case beyond reasonable doubt.

[b] The evidence of Asha [PW 4], informant, her daughter Komal [PW 5] and her son Ajay [PW 6] is the only evidence on record. But then the said evidence is of interested witnesses and is required to be rejected.

[c] At any rate, if the evidence is carefully perused, there are number of improvements, so also omissions amounting to contradictions brought on record and duly proved, which clearly show that the testimonies of these witnesses are false and fabricated only with a view to back the conviction.

[d] Deceased Rajesh was himself smoking Ganja, selling Ganja in the Mohallaand creating nuisance in the Mohalla which has come on record. Not only that he had assaulted Accused No. 1 Niyaz Ali and his wife Kanija Begum and, therefore, offence under Section 324, Indian Penal Code, was also registered against him before the alleged incident.

[e] Thus, the prosecution has miserably failed to prove its case and, therefore, all the accused persons are liable to be acquitted.

In the alternative, counsel for the accused persons submitted that looking to the entire background, there is no element of any determination to commit murder of Rajesh, and, on the contrary, the evidence clearly shows that there were always quarrels amongst the