V. K. Tahilramani, J. - (1.)Through this Appeal, the Appellants-original accused Nos.1 to 9 have challenged the judgment and order dated 22nd November, 2005 passed by the learned Sessions Judge, Solapur in Sessions Case No. 111 of 2005. By the said judgment and order, the learned Sessions Judge convicted the Respondents-accused for the offences under Sections 147, 148, 452, 427, 302 read with Section 149 of IPC and Section 37(1)(a) read with Section 135 of the Bombay Police Act and under Section 25 read with Section 7 of the Indian Arms Act. For the offence punishable under Section 148 of IPC, each of the appellant is sentenced to RI for one year and to pay a fine of Rs.300/- in default SI for one month. For the offence under Section 452 of IPC, they are sentenced to RI for two years and fine of Rs.500/- in default SI for three months. For the offence under Section 427, each of them was sentenced to imprisonment for one year and fine of Rs.300/- in default, SI for 15 days. For the offence under Section 302 read with Section 149, each of them is sentenced to life imprisonment and fine of Rs.2000/- in default SI for one year. No separate sentence was imposed for the offence under Section 147 of IPC, 37(1)(a) read with Section 135 of Bombay Police and under Section 25 read with Section 7 of the Indian Arms Act as the said offences are covered by the punishment imposed under other Sections as stated above.
(2.)The prosecution case briefly stated is as under:
P.W.4 Bharati Raju Mansawale is the wife of deceased Raju Kisansing Mansawale. They were residing in the locality of Asha Nagar, MIDC Solapur. The Complainant P.W.10 Meena Baban Katap was also residing in the same locality. The accused persons frequently used to come to that area and hence, they were known to the witnesses.

In the night between 2.2.2005 and 3.2.2005 at 2.45 a.m. Complainant Meena heard a call given to her by accused Sidhu. She opened the window and saw accused Sidhu along with other 10 to 12 persons outside her house. All these persons proceeded towards the house of Raju Mansawale. Complainant Meena saw Raju Manaswale being dragged out from his house by the accused. At that time, Raju was shouting "Melo Melo." The accused took Raju to the electric pole near Chadar Factory, they threw Raju on the ground and they started beating him with the weapons in their hands. On seeing the incident, she contacted MIDC police from her mobile phone and informed the incident to police. After ten minutes, police arrived at the spot. Meantime, the accused fled away. On arrival of police, Meena along with her son went to the spot and saw Raju Mansawale lying in injured condition. There were several injuries on his neck, shoulder, head and other parts of his body. She informed the police about the incident. Meanwhile, Raju was taken to the Civil Hospital Solapur where the Doctor declared him dead. The complaint of Meena came to be recorded. After completion of investigation, the charge sheet came to be filed against the accused.

(3.)The charge came to be framed against the accused under Sections 147, 148, 452, 427 and 302 r.w. 149 of IPC and under Section 135 of Bombay Police Act and also under Section 25 r.w. 3 of Arms Act. All the accused pleaded not guilty to the said charge and claimed to be tried. The defence of the accused is that of total denial. The learned Sessions Judge after considering the evidence adduced by the prosecution, has convicted the accused and sentenced them as stated in paragraph 1 above. Hence, this appeal.