JUDGMENT

N. J. Jamadar, J. - This appeal is directed against the judgment and order dated 17th April, 2015, passed by the learned Additional Sessions Judge, Mangaon, District Raigad, in Sessions Case No.20 of 2012, whereby and whereunder the appellants - accused were convicted for the offences punishable under Sections 302 , 307, 324, 504 and 506 read with Section 149 and Sections 147 and 148 of the INDIAN PENAL CODE , 1860 ('the Penal Code'), and sentenced to suffer imprisonment for life and pay fine of Rs.15,000/- each for the offence punishable under Section 302 read with Section 149 ; rigorous imprisonment for the period of 10 years and fine of Rs.15,000/- each for the offence punishable under Section 307 read with Section 149 and varying periods of imprisonment and fine for the rest of the offences, with default stipulation.

2. The gravamen of indictment against the accused runs as under:

(a) Pale Tarfe Ashtami is a small village of about 100 households in Taluka Roha, District Raigad. Till the year 2011 all the residents were affiliated to Peasants and Workers Party ('PWP'). One year prior to the occurrence, 17 families joined Nationalist Congress Party ('NCP'), resulting in a rift amongst the villagers. The majority of the villagers, who were affiliated to PWP, gave a call for social boycott of the members of those 17 families, who joined NCP. The latter were not allowed to participate in any marriage and other functions, share the community utensils, and also take part in the annual religious congregation (yatra) of goddess Bhavanimata.

(b) On 7th April, 2012, the palanquin procession of goddess Bhavanimata was to commence from the Bhavanimata temple in between 3.00 to 3.30 pm. The residents of the village, including the members, who were affiliated to PWP and NCP, had gathered. Since there was an apprehension of law and order issue, a police party, led by the Police Inspector Mr. Suresh Jadhav (PW-18), had already arrived. Mr. Jadhav (PW-18) had called a meeting of the members of the rival political factions near the house of Bhagwan Khandekar, the Police Patil of village Pale. Sudam Khandekar and other seven persons belonging to NCP went for the said meeting. Shashikant Laxman Dant (PW-1), the first informant, Nathuram Khandekar (the deceased), Nivrutti Khandekar (PW-2), Sudhir Khandekar (PW-3) and Prabhakar Petkar (PW-4) stayed back in the sabhamandap (meeting hall) of Bhavanimata temple.

(c) Accused nos.1 to 17, led by accused no.1 Prakash Khandekar, charged upon the members of the informant party by giving exhortation, "catch, stab and finish them all" (dhara, saale bhetlet, tyana bhoskun khalas kara). Accused no.4 Vasant and accused no.3 Arjun caught hold of the deceased Nathuram. Accused no.1 Prakash gave a blow by means of knife on the chest of the deceased. Accused no.12 Giridhar, accused no.13 Sonu, accused no.5 Chandrakant and accused no.14 Dilip caught hold of Sudhir Khandekar (PW-3) and accused no.11 Eknath attempted to commit murder of Sudhir (PW-3) by giving a blow by means of knife on his stomach. Accused no.6 Daulat, accused no.15 Somnath, accused no.8 Haresh, accused no.17 Sudhir accosted Nivrutti Khandekar (PW-2) and gave him fist blows and accused no.7 Sunil and accused no.2 Vaibhav attempted to kill Nivrutti (PW-2) by unleashing blows by means of gupti (sword-stick) and knife respectively. Prabhakar Petkar (PW-4) was caught hold of by accused no.10 Krishna and assaulted by accused no.9 Madhukar by means of Taal (cymbals). Accused no.16 Shailesh and Accused no.6 Daulat beat Shashikant Dant, (PW-1), the first informant, on his head by means of sticks.

(d) Nathuram, Nivrutti and Sudhir sustained grievous injuries. Nathuram was shifted to Rural Hospital, Roha. Nathuram was pronounced dead. Nivrutti (PW-2) and Sudhir (PW-3) were shifted to Millennium Hospital, Seawood, Navi Mumbai, for better treatment of the grievous injurious sustained by them.

(e) The police party, which was present at the spot, apprehende