JUDGMENT

M.K. Mukherjee, J.-This appeal under Section 379 Cr.P.C. is directed against the judgment of the Karnataka High Court in Criminal Appeal No. 149 of 1989 whereby it set aside the acquittal of the two appellants of the charge under Section 302 read with Section 34 IPC recorded in their favour by the Additional Sessions Judge, Bijapur in Sessions Case No. 39 of 1987 and convicted and sentenced them thereunder.

2. Put briefly, the prosecution case is as under :

(a) The appellants are the sons of the elder sister of Hanamappa Sabappa Helagals (the deceased) of village Arakeri in Bilgi Taluka of the district of Bijapur. After the death of his first wife, the deceased married Erawwa, the elder sister of the two appellants, i.e. his own sister s daughter. The deceased and Erawwa however did not have a happy conjugal life and, within a month of their marriage, he deserted her and started living with Lakshmawwa (P.W. 1), a widow. The two appellants however were insisting upon the deceased to bring Erawwa back out he refused to oblige them.

(b) In the morning of December 16, 1986 the deceased went to cultivate his land in the outskirts of their village along with Sunderawwa (P