JUDGMENT

Pinaki Chandra Ghose, J.

The instant appeal is directed against the judgment and order dated 24th February, 2011 passed by the High Court of Judicature of Bombay, Bench at Aurangabad, in Criminal Appeal No.333 of 2010, whereby the High Court while allowing the appeal of respondent Nos.1 & 2 herein, set-aside the judgment and order of conviction and sentence dated 24.08.2010 passed by learned Sessions Judge, Osmanabad, and acquitted them of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (for short “IPC”).

2. Brief facts necessary for disposal of the present appeal are as follows:

Parties herein are close relatives as respondent No.1 is the brother-in-law of the appellant herein (his sister having married to the appellant) and respondent No.2 is the son of respondent No.1. It appears that appellant had purchased 3 acres of land from his father-in-law (father of respondent No.1) about 20 years before the date of occurrence. On account of the said transaction, respondent No.1 was not happy, which is stated to be the alleged enmity between the parties. Appellant had two sons, namely, Gorakh and Dattatreya. On 21.04.2007, a complaint was l