JUDGMENT

Dr. Arijit Pasayat, J.

1. Challenge in this appeal is by the State of Karnataka to the judgment of a Division Bench of the Karnataka High Court allowing the appeal filed by the respondents. Four respondents faced trial for alleged commission of offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’) and were sentenced by learned II Additional Sessions Judge, Belgaum. The High Court by the impugned judgment has set aside the conviction.

2. The prosecution version as unfolded during trial is as follows:

The complainant is the native of Biraladinni village in Basavanabagewadi Taluk in Bijapur District and he is residing at Bijapur. He owned landed and house properties. His father and younger brother are looking after the agriculture. The complainant though is residing in Bijapur, visits Biraladinni village once every week. He has got two younger sisters and one brother. Annapurna is one of the sisters. The marriage of Annapurna took place with Shantappa (A.1). The said Annapurna after the marriage went to the house of A.1 to lead marital life. She gave birth to three children. The brother of A.l who is A.2 is res