Vishnu Sabal, J. - A judgment of acquittal dated 15-7-1982 passed by the Additional Sessions Judge. Greater Bombay, in Sessions Case No. 536 of 1980, acquitting the respondents for an offence, punishable under section 302 r/w section 34 IPC has prompted the State of Maharashtra to file an appeal under section 378(1) Cr. P.C. in this Court.

2. The factual matrix from which this appeal arises is as follows:

The deceased Mohis (Moiz) Asgarali Gari was living with his parents, brothers and one sister in Ghiya Compound, 2nd Hasnabad Lane, Santacruz (West) Bombay-54. He had a twin brother by the name of Mohammad @ Mamu who was similar in appearance to him. He had a sister Shamima PW 2 and a brother Zainuddin PW 4. He, Shamima and Zainuddin used to run a chappal stall (stall of slippers) at Linking Road, Bandra. The evidence is that for the said stall, they used to leave their house at about 9 to 9.30 p.m. every day by bus which they used to catch from the bus stop near the Convent, on S.V. Road.

On 9-7-1980, the min brother of the deceased Mohammad @ Mamu had assaulted Ibrahim brother of respondent No. 1 Ahmed Gulam Nabi Shaikh on account of which respondent Ahmed and the oth