JUDGMENT :

MILIND N. JADHAV, J.

1. The learned Additional Sessions Judge, Court of Sessions, Greater Bombay, by judgment and order dated 26.02.2001-28.02.2001 has acquitted Respondent Nos. 1 to 4 (originally Accused Nos. 1 to 4 respectively) of the offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short “IPC”). The State of Maharashtra is in appeal against the said judgment acquitting the Respondent Nos. 1 to 4 in Sessions Case No. 299 of 1998. The Trial Court has arrived at the conclusion that the Prosecution has failed prove its case against the Respondent No. 1 in its entirety and it beyond reasonable doubt against Respondent Nos. 2 to 4.

2. According to the Prosecution, Respondent Nos. 1 to 4 intentionally caused the death of one Shri Virendra Ramchandra Singh (hereinafter referred to as “the deceased”) in furtherance of their common intention at 6:00 P.M. on 27.11.1997 in front of a paanbeedi shop of one Shri Radheshyam Shivshankar Rai, which is adjacent to the hardware shop of Maharashtra Trading Company situated at Adarsh Nagar Chowk, Kurar Village, Malad (East), Mumbai-97.

3. Before we advert to the submissions made by the respective