JUDGMENT

G.P. Mathur, J.-The State of Karnataka has preferred this appeal by special leave against the judgment and order dated 19.4.1993 of Karnataka High Court by which the appeal preferred by the accused-respondents was allowed and their conviction and sentence as recorded by the Sessions Judge, Raichur by the judgment and order dated 25.11.1991 were set aside. The learned Sessions Judge had convicted them under Section 302 read with Section 34 IPC and had sentenced them to imprisonment for life.

2. The case of the prosecution in brief is that accused Amajappa (A-1), Kunte Yankappa (A-2) and Yallappa (A-3) are real brothers and accused Yamanurappa (A-4) is their sister s son. Two persons, namely, Eramma (D-1) and Hanamantappa (D-2) lost their lives in the incident. Eramma was married to A-1 and they were living in a hut in Sagar Camp. Some time before the incident, their relations soured and they started living separately in separate huts. The first wife of Hanamantappa died and then he married PW 7 Mallamma about 3 years prior to the incident, but they could not pull on together and she went back to her parents home. Hanamantappa then developed illicit intimacy with Eramma and b