JUDGMENT

R. M. Joshi, J. - Appellants/accused being aggrieved by the judgment and order passed in Sessions Case No. 376 of 2011 convicting them for the offences punishable under Sections 3 02, 120-B, 143, 147, 148 read with Section 149 of the INDIAN PENAL CODE (for short 'IPC) and 3 read with 25 of Indian ARMS ACT and sentencing them to suffer imprisonment for life with fine have preferred these appeals under Section 3 74 of the Code of Criminal Procedure (for short 'Cr.P.C.).

2. In nutshell the story of the prosecution can be recorded as under:

(a) On 18/05/2011 Anna Lashkare, resident of Newasa along with his wife (Pooja), three children and neighbouring boy (Manoj) came to Aurangabad in his own car. When they reached near Nagar Naka one car gave dash to the vehicle of Lashkare. Both vehicles halted at about 100-150 meters from the place of the said accident. Both drivers were engaged into altercation over the said issue. At the said place two motorcycles came and 4-5 persons alighted there from. Two of them caught hold of Lashkare and others fired bullets on him from close range. Lashkare fell down in injured condition. His wife Pooja had sought help from the bypassers and after some time one unknown person drove them in car of Lashkare to Ghati Hospital. Lashkare was declared dead by Doctor on being brought to the hospital. Pooja lodged the report in respect of the said incident at about 9.15 pm and pursuant to the said First Information Report bearing No. I-130/2011 came to be registered at Chhavni Police Station, (b) The Investigation into the said crime commenced and panchnama of spot as shown by Pooja was drawn. From the said spot empty cartridges were seized. A mobile phone of the assailants came into the hands of Pooja while she tried to catch hold of him was seized by drawing panchnama. According to the investigating agency the said mobile phone was found to be of Munna Jahagirdar. Thereafter in the said direction investigation was carried out. Investigating Officer got secret information about the assailants having gone to Indore and hence he along with panch witnesses went to Indore and accosted Munna and Javed. During the interrogation it was revealed that the weapons of assaults were concealed in the residential house of Sayyed Sarfaraj at Ahmedangar. The Investigating Officer therefore went to the house of Sarfaraj and in presence of panch witnesses two fire arms were seized under the panchnama (Exhibit 166). Motorcycle used in committing offence was also seized from his residence (Panchnama Exhibit 166). Further investigation was carried out and it was revealed to the Investigating Agency that the murder of Lashkare was an out come of a conspiracy hatched by Raju Jahagirdar accused No.1 with co-accused. In that direction investigation was done and statements of witnesses were recorded who had claimed to have heard the conversation between the accused persons giving an impression to them about there was a conspiracy to kill Lashkare. Statement of the witnesses were also recorded indicating that in the evening of the faithful day accused Munna and Javed had altercation with Lashkare at petrol pump at Khadka phata and they followed deceased's vehicle on Pulsar motorcycle. During the course of investigation four accused persons were put to identification parade and eye witnesses. Pooja and Manoj identified accused Nos. 2 to 4 to be the assailants involved in the actual assault. Investigating Officer has recovered Nano motorcar which was allegedly used in the said incident by which accident was caused and deceased was kept engaged at the spot. Seized fire arms were sent for ballistic examination and the report of the ballistic