S.S. SHINDE, J.

1. This Appeal is filed by the State challenging the Judgment and order dated 2nd May, 1998, passed by the Additional Sessions Judge, Parbhani in Sessions Trial No. 112 of 1995, thereby acquitting the Respondent Nos. 1 to 3/original accused Nos. 1 to 3, for the offences punishable under Sections 302, 307, 324, 323, 452 and 427 read with Section 34 of the Indian Penal Code (For short “I.P. Code”).

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

(a) Informant Padminibai W/o Shatrughan Nirudunde is resident of village Pimpaldari, Tq-Gangakhed, District-Parbhani. Vithal Maroti Nirdunde is resident of village Pimpaldari. He had four sons (1) Shriram (2) Laxman (3) Bharat (deceased) and (4) Shatrughan (deceased). Vithal has one daughter by name Gayabai, who is married with one Namdeo Hingrupe also resident of Pimpaldari. He has also another daughter by name Prayagbai. The name of Laxman's wife is Urmilabai. The name of Bharat's wife is Vimalbai. The name of Shatrughan's wife is Padminibai, who is informant in the present prosecution. It is the prosecution case that Vithal and his sons were residing jointly at village Pimpaldari. Bharat Vithal Nirdunde (deceased)