JUDGMENT

Seven accused were charged for the offence under Section 302 read with Section 34 of the Indian Penal Code, 1860 ("IPC" for short). All of them have been acquitted of the said charge. Accused No. 2 (S.V. Caeiro) and Accused No.5 (Sanvlo Naik), who are respondents in the present appeals, were, however, convicted for the offence punishable under Section 304 Part II read with Section 34 IPC and sentenced to suffer simple imprisonment of three years and two years respectively along with fine. Aggrieved, the convicted accused respondents filed separate appeals before the High Court of Bombay. The High Court by the impugned judgment has allowed the said appeals; set aside the conviction and sentence imposed and acquitted the accused respondents (Accused No.2 and Accused No.5). Aggrieved, the State through Central Bureau of Investigation ("CBI" for short) is in appeal before this Court.

2. At the very outset, we would like to deal with the issues enumerated in our previous order dated 5th September, 2017 passed in the present matters. The said order reads as follows:

"Heard in part.

At the end of the hearing today we are of the tentative view that if the respondent Accused No.2 is to