JUDGMENT :

Vibha Kankanwadi, J.

Both the appeals are arising out of the same judgment and, therefore, taken up together for scrutiny. The appellants in both the appeals are the original accused persons. They faced trial in Sessions Case No.37 of 2012 before the learned Additional Sessions Judge, Bhokar, Dist. Nanded. They have been held guilty of committing offence punishable under Section 302 read with Section 34 of Indian Penal Code on 22.03.2016 and have been sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/- each, in default, to suffer rigorous imprisonment for three months.

2. Heard learned Advocate Mr. Gajanan G. Kadam for the appellants in Criminal Appeal No.269 of 2016, learned Advocate Mr. Chaitanya C. Deshpande for the appellant in Criminal Appeal No.255 of 2023 and learned APP Mr. A. V. Deshmukh for the respondent – State in both the appeals.

3. The prosecution story in short is that informant Dashrath Ramesh Chavan is the brother of deceased Santosh Ramesh Chavan. They are in all three brothers residing with their parents and family members at Indira Nagar, Sarsam, Tq. Himayatnagar, Dist. Nanded. They are mainly agriculturist. FIR has been lodged on 10.05.2012, wherein it was contended that there was a quarrel around 4.00 p.m. on 09.05.2012 between the informant’s younger brother Nilkanth with neighbour Ramchandra Kashiba Divase, Pandurang Kashiba Divase, Namdeo Ramchandra Divase and Nagorao Pandurang Divase i.e. present accused Nos.1 to 4. That quarrel was on account of allegation that Nilkanth had allowed his bull to eat the fodder from the heap of fodder which was kept by accused Nos.1 to 4. Thereafter, when deceased Santosh Ramesh Chavan was proceeding for freeing the she-goats from their shed around 7.30 a.m. on 10.05.2012, at that time, accused Nos.1 to 4 picked up quarrel with him. Even Nagorao’s wife was also present there. All of them took Santosh towards the house of one Datta More in a galli and started beating him. Nagorao’s wife was shouting in filthy language and instigating accused Nos.1 to 4. Dashrath went running to rescue, but at that time accused Pandurang, Namdeo and Nagorao started catching hold Santosh and assaulting him and then accused Ramchandra took out a knife and stabbed it in chest of Santosh. It caused bleeding injury to him at the chest. Informant Dashrath was also beaten on his head. Santosh fell down on the ground and then the persons from the galli came to rescue. They separated the accused from the deceased. Santosh was shifted to Primary Health Centre in injured condition at Sarsam and then he was referred to Nanded Hospital. However, Santosh expired in the journey around 9.30 a.m. Thereafter, Dashrath went to police station and lodged the first information report. On the basis of his First Information Report offence vide Crime No.51 of 2012 came to be registered with Himayatnagar Police Station, Dist. Nanded for the offence punishable under Sections 302, 147, 148, 149, 504 of Indian Penal Code and the investigation was taken up.

4. During the course of the investigation panchanama of the spot (Exhibit-72), inquest panchanama (Exhibit-76) came to be executed. The dead body was sent for the postmortem. The accused persons came to be arrested. A dagger was discovered at the instance of accused No.1. The seized articles were sent for chemical analysis. Statements of witnesses under Section 161 of the Code of Criminal Procedure came to be recorded. After the completion of the investigation, charge-sheet was filed.

5. It appears that accused No.1 was never released on bail, but the other accused persons were on bail. After the committal of the case, when they denied to plead guilty, charge was framed at Exhibit-3. The prosecution has examined in all ten witnesses to bring home the guilt of the accused. The prosecution has also relied on various documents. As the incriminating evidence has come, statement of the accused under Section 313 of the Code of Criminal