T.V. Nalawade, J.

All the applicants are convicted in Special (MCOCA) Case No. 1/2011 which was pending in the Court from Nashik. In all 22 accused were tried for offences punishable under sections 120-B, 149, 342, 364, 384, 302, 201, 212, 216 etc. of Indian Penal Code (hereinafter referred to as 'IPC' for short) and sections 3(1)(i), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as 'the Act' for short). One accused was absconding during trial. Applicant of Criminal Application No. 1455/2018 Gani Mehboob Sayyad was accused No. 7 in aforesaid special case and he has filed Criminal Appeal No. 375/2018. Applicant of Criminal Application No. 1525/2018 Sunil s/o. Dnyandeo Lahare was accused No. 4 and he has filed Criminal Appeal No. 378/2018. Applicant Nilesh Cikse of Criminal Application No. 1792/2018 was accused No. 13 and he has filed Criminal Appeal No. 389/2018. The Trial Court has convicted accused Nos. 1 to 10, 13 and 16 for offences punishable under sections 364 r/w. 120-B, 384 r/w. 120-B, 302 r/w. 120-B (for two murders), 201 r/w. 120-B of IPC and all the aforesaid provisions of the Act. Each accused is sentenced to pay fine of more than Rs. fifteen lakh and direction is given to give compensation of Rs. ten lakh to each legal heirs of the two deceased. Maximum sentence of imprisonment for life is given. Both the sides are heard.

2. Deceased Pravin Gondkar and deceased Ruchit Patni were friends and they were residents of Shirdi. All the accused persons are residents of Shirdi. The relations between the first informant Vilas Gondkar, who is father of Pravin and accused No. 1 Pappya Shaikh were strained. Vilas had given report against Pappya for attempt of his murder. Mother of Pappya had given report against Vilas and Pravin that they had set fire to the house of Pappya.

3. On 4.6.2011 at 10.00 p.m. deceased Pravin informed to Vilas that Ruchit had called him on phone and Ruchit had informed that Pappya wanted to settle the dispute on condition of payment of Rs. One lakh. Pappya had asked Ruchit to convey this message to Pravin and so, Ruchit had conveyed that message to Pravin. They were asked to come to a particular place and Ruchit had informed to Pravin that the accused like Sunil, Gani, Chingya, present applicants and others had already arrived to the spot. When Pravin informed about the message of Ruchit to his father Vilas, Vilas advised Pravin not to go to Pappya. Pappya said that Ruchit had already reached there and so, it was necessary for him to go there and by saying so, he left home. On that night, Vilas tried to contact Pravin on mobile phone, but Pravin could not be contacted.

4. On the next day i.e. on 15.6.2011 at about 6.00 a.m. one Dilip Gondkar informed Vilas on phone that Pravin and Ruchit were lying in nude condition near Pushpanjali hotel and they were in injured condition and they were unconscious. Vilas rushed to the spot and with the help of some persons, both Pravin and Ruchit were shifted to Sai Baba Hospital. Doctors of the hospital declared that Pravin and Ruchit were already dead. On 15.6.2011 itself Vilas gave report against Pappya and present applicants and some other accused on the basis of information which was supplied to him by Pravin. Vilas expressed suspicion against these accused for murder of Pravin and Ruchit. Thus, the F.I.R. was given immediately against the present applicants and Pappya and motive for the offence was also informed to the police.

5. It is not disputed that on 15.6.2011 two dead bodies were found in nude condition at aforesaid place and both Pravin and Ruchit died homicidal death. On the body of Ruchit, 13 injuries were found and he died due to injuries caused to vital organs. Pravin died due to injuries sustained to head, brain and there were 17 injuries found on his dead body. The evidence on the record shows that the dead bodies were noticed at aforesaid spot after 5.30 a.m. of 15.6.2011 by PW 35. Thus, as pe