K.J. Rohee, J.

1. The State has preferred this appeal against the acquittal of the respondents (hereinafter referred to as ''the accused'') of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code by the Additional Sessions Judge, Bhandara in Sessions Trial No.90/1989 decided on 30.1.1991.

2. Accused no.1 Govinda s/o Ganpat Motghare and accused no.2 Bhaurao s/o Ganpat Motghare are real brothers. They are resident of village Belgaon. Sahdeo s/o Kamaji Wat (PW 1), Deodas s/o Kamaji Wat (PW 5) and Shivdas s/o Kamaji Wat (deceased) were real brothers. Shantabai (PW 2) is the widow of Shivdas Wat. Kailash (PW 4), Vilas (PW 3) and Bharat are the sons of Shivdas and Shantabai. All of them are resident of village Belgaon. Accused No.1 Govinda and accused no.2 Bhaurao as well as Deodas (PW 5) and Shivdas (deceased) were cultivators and they also used to distill illicit liquor. There was business rivalry between them.

3. Sahadeo, Deodas and Shivdas were residing separately with their family members in the vicinity of each others. During the night between 20 and 21st of September, 1989 Shivdas (deceased) and Shantabai (PW 2) along with their children