JUDGMENT :

All appellants are convicted by the learned Sessions Judge, Amravati in Sessions Case No.187/2015 on 20.08.2018 for the offence punishable under Section 302 read with Section 149 ; under Section 323 read with Section 149 and under Sections 143 and 148 of the Indian Penal Code. Appellant nos.1, 2, 4 and 5 are further convicted for the offence punishable under Section 4 read with Section 25(1-B)(b) of the Arms Act. Also all appellants stand convicted for the offence punishable under Section 135 read with Section 37(1) of the Bombay Police Act, are before this Court in this appeal.

Appellant no.3 Roshan is acquitted for the offence punishable under Section 4 read with Section 25 of the Arms Act.

2. The appellants are sentenced as under :-

[i] For the offence punishable under Section 302 read with Section 149 of the Indian Penal Code – to suffer rigorous imprisonment for life and to pay a fine of Rs.2,000/- each, in default to suffer further rigorous imprisonment for three years

[ii] For the offence punishable under Section 323 read with Section 149 of the Indian Penal Code - to suffer rigorous imprisonment for six months and to pay a fine of Rs.300/- each, in default to suffer further rigorous imprisonment for one month ;

[iii] For the offence punishable under Section 143 of the Indian Penal Code - to suffer rigorous imprisonment for six months and to pay a fine of Rs.300/- each, in default to suffer further rigorous imprisonment for one month ;

[iv] For the offence punishable under Section 148 of the Indian Penal Code - to suffer rigorous imprisonment for two years and to pay a fine of Rs.300/- each, in default to suffer further rigorous imprisonment for three months.

[v] For the offence punishable under Section 4 read with Section 25(1-B)(b) of the Arms Act, appellant nos.1, 2, 4 and 5 were sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.300/- each, in default to suffer rigorous imprisonment for three months ; and

[vi] For the offence punishable under Sec. 135 r/w Section 37(1) of the Bombay Police Act, all appellants to suffer rigorous imprisonment for six months and to pay a fine of Rs.300/- each, in default to suffer further rigorous imprisonment for one month.

FACTUAL MATRIX :-

3. The prosecution case, as it is unfurled during the course of the trial, is narrated herein under :-

A] On 02.08.2015, Rahul Chavhan (PW10) was discharging his duties as Police Sub Inspector at Police Station, Gadge Nagar, Amravati. On the said day, he was discharging his duty as Night Officer. While discharging his duties as such, he received an information from Police Control Room that at Navsari, quarrel is going on. Accordingly, an entry (Exh.125) in that behalf was taken in the station diary. He thereafter sent some police staff at the spot of information. An entry in that behalf was taken in the Station diary, which was signed by Senior Police Inspector Pundkar. The said entry is at Exh.126.

[B] Thereafter, PW10 PSI Rahul Chavhan proceeded towards the spot of information. On reaching there, he found that the person who had sustained injuries in the quarrel was already sent to the hospital. He inspected the spot of the incident and he found splash of blood there. He also noticed some hairs littered there. He deputed one Police Constable to preserve the spot. Thereafter he went to Irwin Hospital. At Irwin Hospital, one person by name Ravi Farkade, who sustained injuries was lying in dead condition. Several persons were assembled there. There he asked the relatives of the deceased to come to the police station. Accordingly, Mangala Farkade, wife of brother of deceased came to the police station and she lodged her first information report. The first information report is dated 02.08.2015. The oral report is at Exh.127 and the printed first information report is at Exh.128.

[C] First informant Mangala was also having injuries. Therefore, she was sent for her medical examination under requisition (Exh.25) given to the Me