JUDGMENT

Prafulla C. Pant, J.

This appeal is directed against judgment and order dated 07.02.2006, passed by the High Court of Karnataka in Criminal Appeal No. 1055 of 1999 whereby the High Court has allowed the appeal filed by the State, and reversed the judgment of acquittal passed by the Additional Sessions Judge, Shimoga, in Sessions Case No. 40 of 1998.

2. Prosecution story, in brief, is that PW-16 Niranjanappa (complainant) was elder brother of accused No. 1 M.G. Eshwarappa. Accused No. 2 M.G. Shivaraj and accused No. 3 M.G. Girish are sons of M.G. Eshwarappa. Accused No. 4 Hebballi Shivappa is brother-in-law of accused No. 2 M.G. Shivaraj. There was a family dispute between the complainant and his brother Eshwarappa pertaining to immovable property, and reaping of fruits of tamarind tree in the backyard of the complainant's house. There used to be quarrel every now and then between the families of two brothers. Prior to the incident, on 03.03.1998 at about 3.00 p.m. the accused persons, armed with deadly weapons, came to the house of the complainant objecting to the plucking of tamarind fruits by the complainant's family, and threatened them of dire consequences. With the inter