JUDGMENT :

G.A. SANAP, J.

1. These criminal appeals arise out of the same incident and as such those are being decided by this common judgment.

2. In this judgment, the appellants in Criminal Appeal Nos. 149/12, 150/12, 151/12 and 309/16 and the respondents in Criminal Appeal No.448/12 would be referred by their numbers and nomenclature before the trial Court.

3. Criminal Appeal No.149/2012 is filed by Hasankhan Jabajkhan (original accused no.2) and Nadimoddin Najmoddin (original accused no.4) ; Criminal Appeal No. 150/2012 is filed by Firozkhan alias Firdoskhan Jabajkhan (original accused no.3) and Shamiullakhan Anwarkhan (original accused no.21) ; Criminal Appeal No. 151/2012 is filed by Ijajkhan Jabajkhan Pathan (original accused no.1) and Ziullahkhan Jakaullahkhan (original accused no.18) ; and Criminal Appeal No. 309/2016 is filed by Nasrullah Khan Jabaj Khan (accused in S.T. No.19/2013), challenging their conviction. Criminal Appeal No. 448/2012 is filed by the State of Maharashtra, challenging acquittal of remaining 17 accused persons and also acquittal of the appellants/accused nos.1 to 4, 18 and 21 for the offence punishable under Section 307 read with Section 149 of the INDIAN PENAL CODE .

4. In a crime bearing No. 11/2008, registered with Police Station, Ner, district Yavatmal, 24 persons were charge-sheeted. Initially, Sessions Trial No. 63/2008 was registered against all these accused persons. However, at the stage of trial, accused no.17 Nasrullah Khan was absconding and therefore, his trial was separated. Out of 23 accused persons, learned Additional Sessions Judge, Yavatmal after conducting a full fledged trial, found six accused persons, namely accused no.1 – Ijajkhan Jabajkhan Pathan, accused no.2- Hasankhan Jabajkhan, accused no.3 – Firozkhan @ Firdoskhan S/o Jabajkhan, accused no.4- Nadimoddin Najmoddin, accused no.18 – Ziyaullahkhan Jakaullakhan and accused no.21 -Shamiullahkhan Anwarkhkan, guilty of the offences punishable under Sections 147 , 148, 302 r/w 149 and 326 r/w 149 of the INDIAN PENAL CODE and convicted them for these offences by the judgment and order dated 29.02.2012. The learned Additional Sessions Judge acquitted the remaining accused persons of all the charges.

The sentences awarded to the convicted accused are as follows :

(i) The appellants/accused nos.1 to 4, 18 and 21 are sentenced to suffer imprisonment for life and to pay a fine of Rs.3,000/- each and in default to suffer simple imprisonment for three months, for the offence punishable under 302 read with Section 149 of the Indian Penal Code.

(ii) They are sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.2,000/- each and in default to suffer simple imprisonment for three months, for the offence punishable under Section 326 read with Section 149 of the INDIAN PENAL CODE .

(iii) The appellants/ accused nos.1to 4, 18 and 21 are further sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.1,000/- each and in default to suffer simple imprisonment for one month for the offence punishable under Section 147 of the INDIAN PENAL CODE .

(iv) They are also sentenced to suffer rigorous imprisonment for o