S.S. SHINDE, J.

1. Criminal Appeal No.645 of 2013 and Criminal Appeal No.222 of 2016 are directed against the Judgment and Order dated 12th April, 2013 passed by the Additional Sessions Judge, Pune in Sessions Case No.899 of 2009 thereby convicting accused No.3 Arun Laxman More and accused No.4 Vilas Manik More for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code [for short 'IPC'] and sentencing them to suffer life imprisonment and to pay a fine of Rs. 2000/-, in default to suffer rigorous imprisonment for three months each. The trial Court also convicted accused Nos.3 and 4 for the offence punishable under Section 506 [2] read with Section 34 of the IPC and sentenced them to suffer rigorous imprisonment for one year and to pay a fine of Rs. 500/-, in default to suffer rigorous imprisonment for one month each. All the sentences were directed to be run concurrently.

2. Criminal Appeal No.1178 of 2013 is filed by the State against the acquittal of accused Nos.1 to 7 for the offence punishable under Section 120B of the IPC, acquittal of accused Nos.1 and 2 for the offence punishable under Section 109 read with Section 302 of the IPC, and acquittal of accused Nos.3 to 7 for the offence punishable under Sections 143, 147, 148, 149 read with Section 302 of the IPC.

3. All these three Criminal Appeals are arising out of one and the same Judgment and Order passed by the trial Court, hence the same are being decided by this common Judgment.

4. The prosecution case, in brief, is as under:

[A] The informant Bhagwan Pawar was a Civil Contractor, residing at Chinchwad with his family members including deceased Anil, who was 18 years of age. Accused No.1 Hiraman Pawar was also residing in same locality as well as similarly doing work of Civil Contract. Accused No.1 Hiraman does not have license for doing contract work, therefore, he was doing work in the name of other license holders and was paying commission to them. Approximately five years preceding to the incident, accused No.1 Hiraman had asked informant to assign contract work on his license to which informant resisted. Therefore, accused No.1 Hiraman got annoyed against informant.

[B] On 16th June, 2009, while deceased Anil was proceeding on foot, he was intentionally dashed by accused No.3 Arun by motor cycle for which there was scuffle. Then on 18th June, 2009, around 3.00 p.m. the informant was at his work at Ravet area. At that time he received telephonic message from a relative that Anil had been assaulted and was admitted to Niramaya Hospital. Accordingly, informant passed information to his brother Mahadeo and rushed to Niramaya Hospital. When he went there, Anil was under treatment but was not in position to speak. Informant inquired with Raju Palle, Salman Irani and Santosh Irani about the incident. They told that, on that day around 2.30 p.m., they were proceeding with deceased Anil towards Shivaji chowk after consuming lemon juice near Jayshree talkies. At that time accused Nos. 1 to 3 i.e. Arun, Vilas, Datta and two unknown persons arrived there, called Anil at one side and assaulted. It was informed that accused No.3 Arun was holding sharp edged knife whilst accused No.4 Vilas was holding sword and accused No.5Datta and two others were holding sticks. It was informed that accused No.3 Arun dealt knife blows at the chest of Anil whilst accused No.4 Vilas assaulted Anil by means of sword. The rest accused persons beat Anil by sticks. It was informed that when the above named persons tried to intervene, accused No.4 Vilas threatened them by wielding sword and thereafter all assailants fled by auto rickshaw. Thereafter Anil while taking treatment in Niramaya Hospital, succumbed to injuries around 4.15 p.m. The informant got assured himself that accused no.1 Hiraman due to contract work rivalry had hatched conspiracy with the aid of rest of the accused and had committed murder of Anil therefore, he went to concerned police and lodged