Judgment

RAY, J.- This appeal is directed against the conviction of the appellants under Section 302 read with Section 34 IPC and imposing sentence of life imprisonment to both the appellants by the Division Bench of the Karnataka High Court by judgment dated April 1, 1987 in Criminal Appeal No. 138 of 1985. By the aforesaid judgment, the High Court set aside the judgment of acquittal passed in favour of the accused appellants by VIII Additional City and Sessions Judge, Bangalore City on January 2, 1985 in Sessions Case No. 32 of 1983.

2. The prosecution case in short is that the deceased Ramesh was a bachelor and was residing in House No. 6/5, 9th Cross, Adarsha Nagar, Chamarajpet, Bangalore. During the night between December 14 and 15, 1982, he was murdered by the accused persons. It is undisputed that the accused 2 Smt Mayamma, was a mistress of the deceased for about 3-4 years prior to the date of the incident and she was residing in Ramachandra Raos Vatara in which the house of the deceased was also situated. The said accused was often visiting the house of the deceased Ramesh during the night time. She had filed an application claiming maintenance from her husband PW 7 and had