JUDGMENT:

PRITHVIRAJ K. CHAVAN, J.

1. These appeals are by original accused No.1, 4, 5 and 6 who have been convicted of the offence punishable under section 302 r/w 34 of the Indian Penal Code (for short "I.P.C") and sentenced to suffer imprisonment for life, inter alia, fine of Rs.2000/- each, in default, rigorous imprisonment for two months.

2. Original Accused No.2, 3 and 7 have been acquitted of the said offence.

3. All the accused have also been acquitted of the offence punishable under sections 143, 147, 148 of the I.P.C., 37(1) (a) and (3) punishable under section 135 of the Bombay Police Act, 1951 and section 4 punishable under section 25 of the Arms Act, 1959.

4. Prosecution story goes like this;

5. Ketan Bansode (deceased), Siddiq Arkate (deceased) and first informant -Narsingh Chavan (P.W.1) were residents of Talwade and good friends. They used to dine and roam together. On the fateful day of 1st March, 2010 around 7.00 p.m, P.W.1 -Narsingh and deceased Ketan met at Triveni Nagar Chowk. They decided to visit Chinese stall of one Ravi for having Chinese food. Accordingly, they went to Chinese cart of Mr. Ravi which was situated near Krushnanagar Water Storage Tank. Chinese food