JUDGMENT :

S.P. Tavade, J.

1. The appellants/original accused Nos.1, 2 & 4 to 6 have preferred this appeal to challenge the Judgment and conviction order passed against them by the learned Ad-hoc Additional Sessions Judge, Solapur in Sessions Case No.246 of 2011. The appellants were charged for the offences punishable under Sections 143, 147, 148, 149, 302, 324, 323, 504 and 506 of Indian Penal Code, 1960 (hereinafter referred to as the IPC). The appellants are held guilty under Section 302 read with Section 14, of the IPC and sentenced to suffer life imprisonment and to pay fine of Rs.3,000/-each, in default of payment of fine, they are directed to undergo rigorous imprisonment for six months. They are also convicted for the offence punishable under Section 14, of the IPC and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.1000/-each, in default of payment of fine they are directed to undergo rigorous imprisonment for three months. The appellants are also convicted for the offence punishable under Section 506 read with Section 14, of IPC and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.1000/-each, in default of payment of fine they are directed to undergo rigorous imprisonment for three months. The above conviction order is under challenge.

2. The facts giving rise to the prosecution against the appellants can be summarised as under:-

(A) Informant/Anil Pawar is son of deceased Aruna Pawar. Informant/Anil is resident of Shinde Wasti, Sayyad Warwade, Tal. Mohol, Solapur. He was residing along with his mother/deceased Aruna, two brothers, sister-in-law and nephews. Appellant No.1 is step-brother of informant. Appellant No.1 was residing nearby the house of informant along with his three wives and children.

(B) Appellant Nos.1, 2 & 4 to 6 and informant belong to Pardhi Community. On 23.05.2011 at about 8.00 p.m. appellant No.1 had called meeting of Community Panchayat. In the said meeting, informant, his family members were called. Appellant No.1 had demanded idols of god from deceased/Aruna. There was quarrel on the said count between deceased/Aruna and appellant No.1. Appellant No.1 had also raised question as to why she (deceased/Aruna) resides with son-in-law. The said incident was reported to Mohol Police Station by appellant No.1. Since the said incident, appellant No.1 was having grudge against deceased/Aruna.

(C) On 02.06.2011 at about 8.00 p.m. informant, his wife-Mandakani, his sister-Manisha, her husband Vinod Shinde and deceased/Aruna had non-veg dinner in the house of Sudhir Kale/son-in-law of deceased/Aruna. After dinner, informant and deceased/Aruna were watching TV. Rest of the family members went to bed. The door of the house was open. While watching TV, informant and deceased/Aruna were slept. Around 11.30 p.m., stone came into house of the informant through window, hence, informant got up. Appellant No.1 along with Harkun Ramraya Kale (absconding), Kamraya Harkun Kale (absconding), Chandu Jalindar Pawar (appellant No.5), Uttam Jalindar Pawar (appellant No.2), Santosh Uttam Pawar (appellant No.6), Madhu Meharban Pawar (appellant No.3), Samir Khan (appellant No.4) and Ajay Pawar (absconding) entered into the house. They were armed with swords, Sattur and sticks, wooden stick. On seeing the appellant No.1 and others, the informant got up, but appellant No.1 put sword on his neck and asked him to keep quite and directed him to seat in the corner of the room. Meanwhile, Madhu Pawar (Appellant No.3) put knife on the stomach of the informant and abused him. On hearing commotion, sister Manisha and his brother-in-law Vinod Shinde came in the first room. Appellant No.6/Santosh Uttam Pawar assaulted Vinod Shinde by stick on his head, left leg and left shoulder. On seeing the incident, deceased/Aruna went to the second room. Appellant Nos.1, 4, 6 and absconding accused Harkun Kale, Kamraya Kale, Ajay Pawar followed deceased/Aruna and assaulted her by weapon in th