Judgment

D.G. Deshpande, J.— This is an appeal filed by the State against acquittal of the two accused under Section 302 of the Indian Penal Code. We have heard Mr. Pravin Singhal, the learned APP for the appellant-State and Ms. Ruchita Dhuru who was appointed by us to defend the accused.

2. The accused No. 1 is the eldest brother in the family. He had three more brothers. One of whom was Suresh who was the victim of the mur-der, other was complainant, Ramdas is the third brother, and fourth brother was Krishna. All of them were staying at Keravade occupying different rooms in the same house. Accused No. 2 Rukmini is the wife of accused No. 1. PW 11 Chandrabhaga is the widow of the deceased brother Suresh and PW 1 Sitabai is the wife of the complainant.

3. According to the prosecution over a trifle quarrel in the family in the afternoon accused No. 1 aided and abeted by his wife Rukmini (accused No. 2) killed Suresh by an axe. In this background the investigation was completed, charge-sheet was filed and accused were made to face the trial, which ultimately ended in acquittal of the accused.

4. Before hearing the argu-ments, we pointed out to the learned APP that since this i