T.V. Nalawade, J.

1. All the appeals are filed against the judgment and order of Sessions Case No. 10/2000, which was pending in the Court of learned Sessions Judge, Beed. In all, nine accused were tried for the offence punishable under section 302 r/w. 149 of Indian Penal Code ('IPC' for short) and for the offences punishable under sections 147 and 148 of IPC. There was charge by using section 34 of IPC also. The Trial Court has convicted accused No. 1 - Kundalik and accused No. 8 - Dhansing for the offence punishable under section 302 r/w. 34 of IPC. Other accused are acquitted of all the offences. Life imprisonment is given to accused Nos. 1 and 8. State has filed Criminal Appeal No. 303/2001 to challenge the decision of acquittal and other two appeals are filed by the accused to whom conviction is given. Both the sides are heard.

2. In short, the facts leading to the institution of the appeals, can be stated as follows:-

Deceased - Ashok Parjane was son of first informant Sagarbai. Two years prior to the date of incident, husband of Sagarbai had died. Ashok had married two wives namely Ujjwala and Sangita and both these wives were cohabiting with Ashok in village Khalapuri, District Beed. They had house in their agricultural land and they were staying there. Their field is known as 'Pimpalacha Mala'. In the vicinity of this field, there are lands of persons of Bhavki of Sagarbai and they have also houses in their respective fields.

3. The incident took place on the night between 9.7.1999 and 10.7.1999 in front of house of Sagarbai. About one year prior to the date of incident, there was quarrel between Muktabai Bhosle, who is sister of Kundalik Parjane of Khalapuri (accused No. 1) with the family of Sagarbai. Kundalik had taken part in the incident from the side of Muktabai and he had assaulted Ashok and other members of his family. Out of this incident, Kundalik had filed report against Ashok and Ashok was arrested in that crime. Babu (accused No. 9), who is cousin of Kundalik on maternal side had given threat of life to deceased 15 days prior to the date of incident.

4. On 9.7.1999, first informant was sleeping near the cattleshed situated by the side of their residential place. Both the wives of Ashok were sleeping inside of the house with children. For some time in the night, Ashok was having talk with Babu Govardhan Parjane. When Babu returned to his house, Ashok went to bed and he was sleeping in front of house, in open space.

5. At about 00.30 hours, Sagarbai heard some noise and she felt that some persons were coming to their place and she woke up. There were bulbs fixed in the courtyard and in the light of bulbs, she noticed that all the nine accused were standing near the place where Ashok was sleeping. She noticed that accused No. 1 - Kundalik was holding sword and he gave blow of sword on Ashok. He noticed that accused No. 8 - Dhansing was holding axe and he gave blow of axe on the neck of Ashok. She felt that there was sound like groaning from Ashok. She also saw other accused like Kashinath, Mahadeo, Ashok Bhosle, Tanaji Bhosale, Arun Parajane and Bappa Parjane, all resident of Khalapuri and they ran towards river side after finishing Ashok. She went towards the place where Ashok was sleeping and she noticed that Ashok was dead and there were bleeding injuries on his neck, abdomen and other parts of the body. She started shouting for help.

6. After hearing shouting of Sagarbai, persons like Babu Govardhan Parjane, Bhagwan Mohan Parjane rushed to the spot. Sagarbai ran towards the field of Sandipan Tukaram to call him for help and he also reached to the spot. Both the wives of Ashok had rushed outside after hearing shouting of Sagarbai.

7. Information was given to Police Patil of the village about the incident and he contacted Shirur Police Station. One Head Constable of Shirur Police Station came to Khalapuri. After seeing the dead body, he recorded the report given by Sagarbai. The report was sent to polic