JUDGMENT :

S.S. SHINDE, J.

1. The Appellant/State has preferred this Appeal against the judgment and order dated 15/03/2001 passed by the learned Sessions Judge, Sindhudurg-Oros acquitting the Respondents – original Accused Nos.1 and 2 of the offences punishable under Sections 302 r/w 34 & 504 and 506 (2) of the Indian Penal Code (For short “IPC”).

The prosecution case, in nutshell, is as under :

Both the Accused and deceased Madhukar are real brothers. There was a joint drum sticks tree. On 16/01/2000 the deceased Madhukar had plucked the drum sticks at about 4.00 pm from the drum sticks tree. On that count, there was a quarrel between Accused No.1 and the deceased, and Accused No.1 had abused and threatened the deceased. On 17/01/2000 at about 11.30 pm while deceased was returning along with bullocks after giving water to them in the river, Accused Nos.1 and 2 went near him, and Accused No.1 raised quarrel with the deceased. Accused No.2 abused and threatened to the deceased. At that time PW-3 Sundara -the wife of deceased was standing in her courtyard. She noticed the quarrel hence she went to the spot. It is alleged that Accused No.1 lifted the stone and gave a blow by it on the he