1. The above appeals have been filed against the common judgment and order dated 11.01.2011 passed by the High Court of Judicature of Bombay, Bench at Aurangabad, in Criminal Appeal Nos. 246 and 250 of 2009 whereby the Division Bench of the High Court confirmed the order of conviction and sentence dated 09.04.2009 passed by the Court of Sessions, Ahmednagar in Sessions Case No. 88 of 2008 for the offences punishable Under Sections 143, 147, 148, 302 read with Section 149 and Section 326 read with Section 149 of the Indian Penal Code, 1860 (in short 'the IPC').
2. Brief facts:
(a) It is the case of the prosecution that on the fateful evening of 31.01.2008, Ravindra Kale (since deceased) was beaten to death by the Appellants herein and others who were 12 (twelve) in numbers and were armed with swords and iron pipes, owing to a long standing dispute between the deceased and the Accused persons.
(b) Shaila Kale (PW-12)-wife of the deceased, filed a complaint with regard to the alleged crime which got registered as Crime No. 14 of 2008 against the Accused persons. After investigation, the charges were framed and the case was committed to the Court of Sessions and numbered as Sessions Case No. 88 of 2008.
(c) Vide judgment and order dated 09.04.2009, the Court of Sessions, Ahmednagar, convicted the Appellants herein, viz., Pandurang Shridhar Wadane and Sanjay Khanderao Wadane along with others Under Sections 143, 147, 148, 302 read with Section 149, Section 326 read with Section 149 of the Indian Penal Code and sentenced to rigorous imprisonment (RI) for life along with fine.
(d) Aggrieved by the judgment and order dated 09.04.2009, the Appellants herein, along with others, preferred Criminal Appeal Nos. 246 and 250 of 2009 before the High Court. A Division Bench of the High Court, vide common judgment and order dated 11.01.2011, confirmed the order of conviction and sentence passed by the Court of Sessions against the Appellants herein.
(e) Being aggrieved by the order dated 11.01.2011, the Appellants have preferred these appeals by way of special leave before this Court.
4. The alleged incident is said to have occurred on 31.01.2008 at about 5:00 p.m. There was some dispute between the deceased and the Accused persons and earlier also there were incidents of scuffle between the parties. On the date of the incident, the deceased was standing in fr........