Shrihari P.Davare, J.

1. Perused. Heard learned respective counsel for the parties.

2. The challenge in this appeal is to the judgment and order passed by the learned Sessions Judge, Dhule in Sessions Case No. 165 of 1990 on 30.1.1991, thereby acquitting accused nos. 1 and 2 from the offences punishable under Sections 302 and 201 r/w Section 34 of the Indian Penal Code.

3. The factual matrix, briefly stated, are as follows:-

On 29.3.1990 one Hiraman Shivram i.e. the police patil of village Vishwanath came to Songir police station at about 10.30 a.m. and made report regarding accidental death in the well in the field of Dangal Ananda Patil. Accordingly, P.S.O. Wankhede registered A.D.No. 19 of 1990 under Section 174 of the Code of Criminal Procedure. As per directions of P.S.O. Wankhede, PW1-A.S.I. Akbarbeg Mirza went to the field of Dangal Anand Patil of Vishwanath village at about 4.00 p.m. On 29.3.1990 to investigate the matter and found a gunny bag in the well and legs were protruding out of the said bag. The said gunny bag was taken out from the well in presence of two panchas which was found to be tied with the iron wire. Hence, on opening the gunny bag, it found