JUDGMENT

M.K. Mukherjee, J.-This appeal, at the instance of the State of the Karnataka, is directed against the judgment of the Karnataka High Court in Crl. Appeal No. 158 of 1980 whereby the High Court reversed the conviction and sentence recorded against the four respondents under Section 302 read with Section 34 IPC (on two counts) and also under Section 324 IPC against the Respondent No. 2 by the Additional Sessions Judge, Bidar and acquitted them. The two deceased, who were brothers, were closely related to the respondents in that the respondent No. 2 is the real brother of their father while the other three respondents are his (respondent No. 2 s) sons. During pendency of this appeal the respondent No. 4 died and, therefore, the appeal, so far as he is concerned, abates.

2. According to the prosecution case on June 25, 1978, at or about 8 P.M., the four respondents (hereinafter referred to as R1 to R4 respectively), who, along with the family of the deceased, are residents of village Kaplapur within the police station of Khatak-Chincholi in the district of Bidar went to the shop of Gorakhnath (P.W. 14) in their village where Ismail Patel ( D1 for short) was sitting and assault