JUDGMENT

DR. ARIJIT PASAYAT, J.

1. Challenge in this appeal is to the judgment of acquittal passed by a Division Bench of the Bombay High Court, Nagpur Bench, allowing the appeal filed by the respondent while answering negatively the reference made by the trial Court for confirmation of death sentence in terms of Section 366 of the Code of Criminal Procedure, 1973 (in short the `Code'). The respondent was found guilty of offence punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (in short the `IPC').

2. Four persons lost their lives in the night between 19th of August 1998 and 20th of August, 1998. The case of the prosecution is that one Mahadeo the husband of the first victim Durgabai lived at Katepurna. His brothers were also living in the same village though in different localities. Mahadeo committed suicide about three years prior to the incident, leaving his widow Durgabai, daughter Yogita aged about 15 years, son Vinod aged about 12 years and the youngest Maroti aged about 10 years, to stay in the house belonging to Mahadeo. The house was situated near an open ground where weekly market is held. In front of the house, there was a Flour Mill and by one side of