JUDGMENT :

V. K. JADHAV, J.

1. Criminal Appeal No. 64 of 2014 preferred by original accused nos. 2 to 6 and Criminal Appeal No. 480 of 2014 preferred by original accused no.1 are directed against the judgment and order of conviction passed by the Additional Sessions Judge, Ahmednagar dated 21.10.2013 in Sessions Case No. 51 of 2008.

Criminal Appeal No. 503 of 2013 is also directed against the same judgment and order of conviction passed by the Additional Sessions Judge, Ahmednagar, for enhancement of the sentence with a specific prayer that death sentence may be awarded to all the accused persons.

2. Brief facts giving rise to the prosecution case are as follows:

a. The informant Sunil Shantilal Munot resides in Rushikesh bungalow near Keshar Gulab Mangal Karayalaya on Sahakar Sabhagruha Road, Ahmednagar. He has four uncles namely (1) Dr. Ashok, (2) Ramesh (since deceased), (3) Mohan and (4) Amrutlal. They are having two factories name and styled as K.G. Foam and Monish Spoke at Pune and three factories namely, Sumesh Industries at Kedgaon, Classic Factory at M.I.D.C., Ahmednagar and Sushant Industries, behind A.D.C.C. Bank, Ahmednagar. Informant Sunil runs the said business of factories along with his said uncles. Uncle deceased Ramesh Munot and aunt deceased Chitra w/o Ramesh Munot were residing in Basant bungalow at Manik Nagar, Chandan Estate, Ahmednagar with their two sons namely, Sagar and Sumit. Informant Sunil, his father Shantilal, uncle Ramesh and cousin Sumit were looking after the affairs of industry situated at Ahmednagar.

b. On 02.12.2007, the informant had conversation with uncle Ramesh up to 8.15 p.m. on his mobile from time to time. Thereafter, they had no talk with each other. On 03.12.2007, at 6.30 a.m., Sharad Gundecha, who is residing in the neighborhood of uncle Ramesh, informed him on mobile phone that there was something wrong in the bungalow of uncle Ramesh. The watchman of the said bungalow had come to his house having his hands and legs tied and the informant should come there early. Accordingly, informant Sunil went to the said bungalow. PW4 Sumitkumar Tiwari was standing at the gate of the said bungalow.

c. On making inquiry with PW4 Sumitkumar Tiwari, he told that at about 9.30 to 10.00 p.m., one person came to the gate of the bungalow and asked him to give message to deceased Ramesh that Subhash has come to see him. PW4 Sumitkumar Tiwari thus opened the gate and asked the said person to wait till he informs about the same to deceased Ramesh. Thus the person came inside. At that time, 4 to 5 persons were standing by the side of road in front of the gate. PW4 Sumitkumar Tiwari when turned to make a call to deceased Ramesh, at that time, those persons covered his face with cloth and tied his hands, legs and mouth and then took him from the gate of the bungalow upto the latrine behind the watchman room and tied him to one electric pole. One person amongst them stopped near him. After some time he had heard the cries of deceased Chitra (wife of deceased Ramesh). PW4 Sumitkumar Tiwari was lying at the same place in tied condition.

In the dawn time, anyhow PW4 Tiwari went upto the bungalow of neighbour Sharad Gundecha and informed him the above incident. Informant Sunil had inspected the bungalow. There were blood stains everywhere in the bungalow. His uncle Ramesh was lying dead in the pool of blood near west side wall of the living room. There were injuries on right side of his forehead, on both sides of chest and adhesive tape was fixed on his mouth. His daily use wrist watch was found missing. In the bed room, his aunt Chitra was found tied to a wooden chair, having adhesive tape fixed on her mouth and her both hands were tied by a telephone wire and a cloth piece. She was dead. There was bleeding injury on her throat. Her wrist watch was also found missing. Informant Sunil has also seen that two cupboa