T.V. Nalawade, J.

1. The appeal is filed by the State to challenge the judgment and order of Sessions Case No. 12/2001, which was pending in the Court of learned 3rd Ad-hoc Additional Sessions Judge, Aurangabad. Respondent Nos. 1 to 3 and other accused are acquitted of the offences punishable under sections 302, 324, 201, 149, 34 etc. of Indian Penal Code ('IPC' for short) and also for offences punishable under sections 147 and 148 of IPC. The appeal is admitted only as against respondent Nos. 1 to 3. Both the sides are heard.

2. In short the facts leading to the institution of the appeal can be stated as follows:-

Deceased Gausoddin was resident of Kannad, District Aurangabad and he was a son of first informant Bugabee. They were living together. Deceased was aged about 35 years and he was married. Nihaloddin is elder brother of deceased. Deceased has left behind four sons and three daughters and widow Rajiyabee. Accused Nos. 1 to 3, present respondent Nos. 1 to 3 are real brothers of Rajiyabee and accused No. 6 is father of Rajiyabee.

3. Rajiyabee used to take monetary help from her brothers as she was finding it difficult to pull on with the income of deceased. The decease