ORDER

The above appeal has been filed against the judgment of a Division Bench of the High Court of Karnataka dated 27.5.2002 in Criminal Appeal No. 80 of 1997 whereunder the order of the learned Sessions Judge, acquitting the appellants, came to be set aside and the appellants were convicted for offences under Section 302 read with Section 34 IPC, in addition to accused No. 2 being convicted for an offence under Section 324 IPC and imposed the sentence of life imprisonment, with a fine of Rs. 2,000/- with usual default clause.

2. The case of the prosecution was that there were some misunderstandings and enmity between the family of the deceased and the accused on the question of sharing the ancestral residential house, that as a sequel to the same, on 27.5.1995, when the deceased Krishna Jadhav was returning to his house at about 11.00 P.M. the inmates of the house of the deceased heard the barking of the dog of accused No. 1 and when PW 1 came out to find out whether it was her husband, accused No. 4 came out of her hut holding a stick and battery and started abusing the deceased. Thereafter, when the deceased told that he was not a thief entering the hut and why she had brought th