B.R. Gavai, J.

1. Both these appeals take exception to the Judgment and Order passed by the Learned Additional Sessions Judge, Khamgaon in Sessions Case No. 79 of 2010 thereby convicting the appellants for the offence punishable under Section 302 r/w. Sections 148 and 149 of the Indian Penal Code and sentencing them to suffer life imprisonment and to pay a fine of Rs.5,000/- each and in default to suffer rigorous imprisonment for one year.

2. The prosecution case, as could be gathered from the facts of the case, is thus :

All the accused, the deceased and the witnesses are relatives. On 11.4.2010, there was a marriage of cousin of Raju Bhaidas Bhat (PW5) at village Paladhi in Jalgaon District. The accused were also invited for the said marriage. After marriage ceremony, when lunch was served to the guests, oral altercation took place between Jambhir Bhat and accused no.2 Bhikaji @ Bhikan Suryabhan Kharat on account of maintaining registers of pedigree. It is to be noted that the accused as well as the deceased and the witnesses were 'Bhat' by profession i.e. the profession in which the pedigree registers of various communities are maintained. Raju Bhat (PW5) made an attempt to intervene, which was not liked by accused no.2 Bhikan. He got annoyed and slapped Raju Bhat in front of people. Father of Raju Bhat, deceased Bhaidas Bhat and brother of Ajay came and separated the quarrel. However, the other people pacified them.

3. On 16.4.2010, the marriage of cousin sister of Raju Bhat (PW5) namely Buri was to be performed at village Warkhed near Khamgaon. Deceased Ajay along with the other relatives and friends reached Warkhed on 15.4.2010. Raju Bhat (PW5) along with others went separately by Indica Car. They all stayed in the house of one Nijan Lal.

4. In the morning of 16.4.2010, when they got up, one Nado Bhat had come there to invite all of them for tea. As such, deceased Bhaidas and Ajay went with Nado one after another. Raju Bhat (PW5) heard sound of commotion. He along with the other relatives went there. They saw that all the accused were assaulting Bhaidas and Ajay. Accused no.1 Suryabhan Dattu Kharat, accused no.3 Shyam @ Tillu Laxman Khandekar, accused no.4 Supdu Baliram Kharat and accused no.5 Sanjay Laxman Khandekar assaulted both the deceased with deadly weapons like Sword, axe and knife. Accused no.1 Suryabhan, accused no.6 Amit @ Pintu Laxman Khandekar and accused no.7 Dilip Laxman Khandekar assaulted the deceased persons with stick. Accused no.6 Amit and accused no.2 Bhikan also assaulted Raju Bhat (PW5). Thereafter, all the accused ran away from the spot. Raju Bhat asked Hemant Mali to bring Indica Car. He had tied the injuries of his brother and father with some cloth like lungi and brought them to Civil hospital at Khamgaon. In the hospital, Bhaidas was declared to be dead. The doctor in the hospital informed witness Raju Bhat that the injuries sustained by Ajay were of serious nature and he should be taken to Akola. When he was taken to Akola, Ajay was declared to be dead. Post Mortem of Ajay was performed at Akola and that of Bhaidas at Khamgaon. Raju Bhat (PW5) started with dead body of Ajay at 3 p.m. from Akola and reached Khamgaon and thereafter took the body of his father at Khamgaon and took both the bodies to Paladhi.

5. The oral report was lodged by Imran @ Vijay Ashok Bhat (PW6) below Exh.95. Vide the First Information Report below Exh.103, Crime No. 63 of 2010 came to be registered. The accused were arrested on different dates. After completion of investigation, the charge sheet came to be filed in the Court of learned Judicial Magistrate, First Class, Khamgaon. Since the case was exclusively triable by the Sessions Court, the same was committed to the Court of Additional Sessions Judge, Khamgaon. The learned trial Judge framed the charges below Exh.13. The accused pleaded not guilty and claimed to be tried. At the conclusion of trial, the learned trial Judge has passed the order of conviction as a