ORDER :

1. This appeal under Section 417 Cr.P.C. is directed against order dated 18.11.2008 passed by learned Principal Sessions Judge, Udhampur in case titled State vs. Sham Din and Others by virtue of which the respondents have been acquitted for commission of offences under Sections 456/302/34 RPC registered at Police Station Chennai by giving them a benefit of doubt.

2. Prosecution case in brief as emerging out from the perusal of the record is that one Alma Bibi was married to Ghulam Ali - brother of accused, and sister of accused, namely, Zaitoon Bibi with deceased. The relation between Ghulam Ali and Alma Bibi turned bitter after some time, which resulted in divorce of Alma, succeeded by acrimonious relation between two families. In settling of scores, deceased started maltreating his wife. The continuous maltreatment of sister of deceased at the hands of deceased made accused inimical towards him and at number of occasions they extended threats to the life of deceased. In the evening of 25.11.2006, deceased quarreled with his wife and also threatened her, whereupon along with her children went to the house of the accused. It was about 10.30 PM when the accused persons with in