JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Karnataka High Court dismissing the appeal filed by the appellants. Both the appellants faced trial for alleged commission of offences punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code, 1860(in short the ‘IPC’). Learned Third Additional Sessions judge D.K. at Mangalore in Sessions Case No. 94 of 1995 held that the accused persons were to be convicted in terms of Section 304 Part II and Section 201 read with Section 34 IPC, so far as appellant No.1 is concerned and Section 201 read with Section 34 IPC so far as appellant No.2 is concerned.

3. Background facts giving rise to the trial are as follows:

M.T. George (hereinafter referred to as the ‘deceased’) was addicted to alcohol and used to assault A1. Al had become desperate with the bad conduct of the deceased. On 6.3.1995 at 9.30 p.m. the deceased picked up quarrel, assaulted A1 and tried to pull her sari. A2 and A3 were present. Because of the ghastly conduct of the deceased, A1 dealt a blow with the iron rod on the head of the deceased which resulted in his death. The