JUDGMENT

T.S. THAKUR, J.

1. Leave granted.

2. This appeal by special leave arises out of a judgment and order dated 15th November, 2011 passed by the High Court of Karnataka, Circuit Bench at Gulbarga, whereby Criminal Appeal No.3643 of 2009 filed by the appellants has been partially allowed upholding their conviction and sentence under Section 302 read with Section 34 IPC, but setting aside their conviction under Section 506 read with Section 34 of the IPC.

3. Briefly stated the prosecution case is that the deceased Sadashiv was unhappy about appellant No.1-Manoj visiting his house and associating with his wife for he suspected an illicit intimacy between the two. He had, therefore, forbidden Manoj from coming to his house and in case he did so he had threatened to kill him. The prosecution story is that on 30th August, 2006 at about 12 noon appellant No.1-Manoj and his father-appellant No.2 assaulted the deceased while the latter was in front of a shop owned by one Khilari near Babanagar bus stand within the limits of Tikota Police Station. While appellant No.2 is alleged to have assaulted the deceased with a stone on his head appellant No.1-Manoj is said to have given several blows