S.S. SHINDE, J.

1. Both these Appeals are directed against the Judgment and Order dated 15th July, 2015, passed by the Special Judge (under MCOC Act), Nashik in Special Case (MCOC) No.1/2008 thereby convicting accused No.4 Suresh Vyankati Chavan and accused No.8 Vithhal Shreeram Pawar for the offence punishable under Section 395 of the Indian Penal Code [for short 'IPC'] and sentencing them to suffer imprisonment for life and to pay a fine of Rs. 3,000/- each, and in default of payment of fine to suffer rigorous imprisonment for a period of six months. The trial Court also convicted accused No.4 and accused No.8 for the offence punishable under Section 396 of the IPC and they are sentenced to suffer imprisonment for life and to pay a fine of Rs. 3,000/- each, in default of payment of fine to suffer imprisonment for a period of six months. The trial Court also convicted accused No.4 and accused No.8 for the offence punishable under Section 397 of the IPC and they are sentenced to suffer rigorous imprisonment for seven years. The trial Court also convicted accused No.4 and accused No.8 for the offence punishable under Section 447 of the IPC and sentenced them to suffer rigorous imprisonment for three months. All the sentences were directed to be run concurrently.

2. Both these 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.

3. Before the Trial Court there were in all nine accused. However as original accused No.1 Baliram Pundalik Chavan, accused No.2 Sudhakar Pundalik Chavan, accused No.3 Bhika Piraji Chavan, accused No.5 Narayan Sitaram Pawar, accused No.6 Kashiram @ Bapya Vayaskar Pawar, accused No.7 Mangal Vyankati Chavan and accused No.9 Babu Sitaram Pawar were absconding during the course of trial, the Trial Court has separated and proceeded the case against accused No.4 Suresh Vyankati Chavan and accused No.8 Vithhal Shreeram Pawar only, and convicted and sentenced them as stated herein above. Hence Criminal Appeal No.1211 of 2018 is filed by original accused No.4 Suresh Vyankati Chavan and Criminal Appeal No.301 of 2017 is filed by original accused No.8 Vithhal Shreeram Pawar. Criminal Application No.1235 of 2017 is filed by original accused No.8 Vithhal Shreeram Pawar for releasing him on bail during the pendency of the Appeal.

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

(A) An informant Uttam Laxman Pawar resides near Railway Cabin situates within local limits of village Nagapur. On 23rd March, 2007, the informant watched T.V. up to 10 p.m. and thereafter, he went to bed. On 24th March, 2007 at about 1.00 a.m., as somebody was awaking, he woke up and came out of his house. At that time, Ravindra Nathe was telling that thieves had come within local limits of village. When the informant was standing in front of house, he heard shouts of his cousinSharad Kacharu Pawar. Thereafter, the informant and Ravindra Nathe rushed at the house of his uncle Kacharu Pawar. At the relevant time, they saw doors of house were in open condition and articles in the house were in scattered condition. At that time, Sharad was found sitting at the door of his house with swelling injuries on his hand and leg. They found Prabhavati sitting in front of T.V. showcase having head injury and swelling on her face. They also found that Didi, niece of informant, was sitting near Prabhavati and she has sustained head injury. Then they found Kacharu Pawar lying on the cot with head injury to him. As wife of Sharad, namely, Manisha was not found, they took search and went backside of house of Sharad near to bandh, where Manisha was found lying with head injury. Manisha and Kacharu were found dead. He made inquiry with Sharad who told that suddenly three persons entered into house and started to assault them and told the entire incident. The informant lodged report with Police Station, Manmad city.

(B) On the basis of report crime No.46 of 2