C.V. Bhadang, J.

By this appeal, the appellant/State is challenging the acquittal of the first respondent (accused no.1) from the offence punishable under Section 302 read with Section 34 of Indian Penal Code (IPC, for short).

2. The prosecution case may be briefly stated thus :

The first respondent is the son of Aloysius Menezes while the second respondent is his friend. The deceased Thomas Menezes happened to be the uncle of the first respondent. The incident in question occurred on 14/10/2008 at about 17.45 hours at flat No.G3, Kamat Park, Povocao wado, Moira, Bardez, Goa. The deceased Thomas was residing in the said flat along with his wife Carmen Menezes (PW12). The said flat comprises of two bed rooms, a kitchen and a hall. The flat is situated on the ground floor of the building. It is said that one of the bed rooms in the said flat, was in possession of Aloysius, who had locked the said room from outside. The rest of the flat was in possession of the deceased and his wife Carmen Menezes (PW12). According to the prosecution, Aloysius along with his mother, Magdelina Menezes and the first respondent were staying in a flat in the B Wing of the said building. Further acc