JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court directing acquittal of the respondents who were convicted for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’) and sentenced to suffer capital punishment so far as respondents 1 and 2, namely, Prakash and Ramu are concerned. Accused No.3-Shiva was convicted for the aforesaid offence but was sentenced to suffer imprisonment for life. All the three accused persons were also convicted for offence punishable under Section 506 read with Section 34 IPC. No separate sentence was imposed.

2. Prosecution version as unfolded during trial is as follows:

Jaitubai is the sister of respondent Nos.1 and 2 and niece of respondent No.3. Jaitubai was married to Madhukar (hereinafter referred to as the deceased) long back. Jaitubai had a son Alpesh (PW6) and daughter Hema (PW5). Alpesh and Hema are major. All of them are residents of Rayagaon (Patilfali), Taluka Nawapur, District Nandurbar.

Deceased Madhukar brought Ramabai, a married woman and kept her in his house. On 15.7.2001, first husband of Ramabai, alongwith