ORDER

This appeal arises out of the following facts:

2. Gulappa deceased was the younger brother of Kareppa Gadad (PW.1) and Ramappa Gadad (CW-6). They resided separately in their garden near village Koonur, Jamkhandi Taluk. About four months prior to August 2002 Kareppa Rangappa Kote, the father of A.1 Birappa, was found dead in a well in the village Koonur and it was not known as to whether it was an accidental death or a murder, but rumour had it that he had been murdered by Gulappa, the deceased in the present matter. This rumour caused a great deal of ill will between Birappa, appellant No.1, and the deceased on which the appellant threatened that he would kill him one day. On 8th August 2002, which happened to be the Amavas day, the deceased went to the Kali Devi temple at about 4.00 p.m. to make his offerings and as he came out from the temple and sat down at a nearby tea shop to take tea he was attacked by Birappa, his cousin Kareppa A.2 and Muttappa A.3. Mutappa also made an exhortation than as it was Amavas day and a sacrifice had to be offered to the Goddess, Gulappa ought to be that sacrifice. This created a fear in the mind of Kareppa (PW.1) and Gulappa and they attemp