PER S.S. SHINDE, J.

1. This Appeal is preferred by the State challenging the Judgment and order dated 23rd February, 2000, passed by the Additional Sessions Judge, Dhule in Sessions Case No.26 of 1997, There by acquitting original accused Nos.1 to 4/ Respondent Nos.1 to 4 from the offence punishable under Section 302 read with Section 34 and Section 447 read with Section 34 of the Indian Penal Code (in short “I.P. Code”).

2. The prosecution case, in nutshell, is as under :-

(A) It is the case of the prosecution tht Damu, Ravan, Dashrath and Dattu are the four brothers. Dattu is said to be the elder. In the year 1971, partition had taken place amongst these four brothers and the ancestral properties came to be partitioned. Narayan Patil is said to be the real paternal uncle of the aforesaid four brothers. Accused No.1 Bhatu is said to be son of Narayan Patil, in the sense accused No.1 Bhatu is said to be the cousin of the aforesaid four brothers. This Bhatu Narayan is said to have two sons, namely Vilas and Sopan (accused Nos.2 and 4). Vakil is said to be the son of Narayan Patil. Thus, it can be said that Bhatu and Vakil are the sons of Narayan Patil. As the ancestors of Dat