Indira Kanahaiyalal Jain, J.

These appeals are preferred by appellants-accused against the judgment and order dated 25.7.2013 passed by the learned Additional Sessions Judge-13, Nagpur in Sessions Trial No. 198/2011. By the said judgment and order, learned Additional Sessions Judge convicted the appellants for the offences punishable under Sections 147 read with 149, 148 read with 149, 302 read with 149 of the Indian Penal Code and Section 4 read with Section 25 of the Indian Arms Act and sentenced each of the accused as under :

Sr. Nos.	Conviction under sections	Punishments
1.	147 r/w 149, IPC	Rigorous imprisonment for 2 years and fine of Rs.1000/- each in-default Simple Imprisonment for 3 months.
2.	148 r/w 149, IPC	Rigorous imprisonment for 3 years and fine of Rs.1000/- each in-default Simple Imprisonment for 6 months.
3.	302 r/w 149, IPC	Imprisonment for life and fine of Rs.3000/- in-default Simple Imprisonment for 6 months
4.	4 r/w 25 of the Indian Arms Act.	Rigorous Imprisonment for 3 years and fine of Rs.1000/- in-default Simple Imprisonment for 6 months.

Learned Additional Sessions Judge directed that all the sentences of imprisonment shall run concurrently.

2. For the sake of convenience, we shall refer the appellants in their original status as accused nos.1 to 10 as they were referred before the trial court.

3. Prosecution case which emerges from charge-sheet and connecting papers thereto may be stated in brief as under :

(a) Accused nos.1 to 8 were residing in Rama Nagar, Kamptee. Accused no.9 was resident of Jaibhim Chowk, Kamptee. Accused no.1 Mohan Gedam is father of accused nos.2 to 6, whereas accused nos.7 to 9 are friends of accused nos. 2 to 6.

(b) Victim Chotu @ Akash Gopal Singh Yadao was resident of Yadao Nagar, Gavli Pura, Kamptee. He was aged about 24 years and dealing in business of Dairy Milk. Chotu had owned cattle and used to take the cattle to his field for grazing through the road in Rama Nagar, Kamptee.

(c) It is the case of prosecution that many times, accused asked Chotu not to take cattle through the road in Rama Nagar, as the same was causing disturbance to them and their family members. Chotu did not pay heed to it and he continued taking his cattle through the road in Rama Nagar, Kamptee.

(d) On 27.1.2011, Chotu had taken his cattle for grazing. He was asked by the accused not to take the cattle by the said road. At around 4-4.30 pm, Chotu was returning home from his field. Again accused scolded him saying that it was their area. Chotu did not listen and took his cattle to his house. He informed his brother Rohit about the same.

(e) On the same day in the evening, Chotu at the time of milking the cattle, noticed that two buffaloes were less. He went by the said road in search of two buffaloes. He could find two buffaloes and while returning through the same road towards his house, at about 7-7.30 pm near statute of Ramabai, accused obstructed Chotu and uttered "Que Re Ek Bar Bolne Ke Bad Samazme Nahi Aya Kya". That time, accused Mohan, his sons and friends of his sons started assaulting Chotu by means of deadly weapons in their hands. Chotu sustained multiple grievous injuries on his face, neck, hand and head. After assault, accused fled away from the spot along with the weapons.

(f) On hearing shouts, people gathered there. Family members of victim were informed. They also rushed to the spot. Chotu was then shifted to hospital of Dr. Ratan Roy at Kamptee, who gave him some treatment and later declared Chotu as dead. Dr. Roy sent intimation to Police Station, Kamptee. In the meanwhile, Rohit informed about the incident to his cousin Abhishek, who in turn, lodged report with Police Station on the same day at 9.30 pm. PSI Mangesh Andhare (PW-17) was on duty. He recorded F.I.R. and registered Crime No.20/2011.

(g) PSI Andhare visited the h