JUDGMENT

R. BANUMATHI, J.

This appeal arises out of the judgment dated 30.05.2008 passed by the High Court of Karnataka in Criminal Appeal No.124 of 2005 in and by which the High Court affirmed the conviction of the appellants-accused Nos.1, 2 and 4 under Section 302 IPC read with Section 34 IPC and the sentence of life imprisonment imposed upon each of them. The High Court also affirmed their conviction under Section 448 read with Section 34 IPC and sentence of imprisonment imposed upon each of them.

2. The appellants-accused No.1-Mallikarjun, accused No.2-Ravi and co-accused No.3-Maruti (absconding) are the sons of accused No.4-Balappa. It is alleged that deceased Bhimraya was having illicit affair with Bhimawwa-wife of accused No.4-Balappa since 4-5 years prior to the incident and therefore, all the accused were said to be having enmity with the deceased Bhimraya. PW-5-Kamalamma is the mother of deceased. Case of the prosecution is that on 14.06.2002, PW-6-Mareppa-father of the deceased went to village Kaulur to attend marriage. PW-7-Hanmanth-brother of deceased went to the fields for ploughing in the early morning. At about 09.00 am, deceased-Bhimraya went outside to attend the