( 1 ) THE State has filed this appeal questioning the legality and correctness of the judgement and order of acquittal dated may 26, 1982 passed by the Addl. Sessions Judge, Dakshina Kannada, in sessions Case No. 3 of 1982 acquitting the respondents - A-1 to A3 of the charge of the offence of murder punishable under section 302 I. P. C. , read with Section 34 i. P. C. as also of the charge of the offences punishable under Sections 448, 323 and 324 I. P. C. , as levelled against them.

( 2 ) ONE Aiyappa Poojary of Surlimoole in vittal Kasaba village, Bantwal Taluk. Dakshina Kannada District, is the deceased. A-3 Smt. Kamala is his wife. A-2 sadashiva is his son, i. e. , A-3's sister,s daughter is given in marriage to the nephew of A-1. The deceased was suspecting fidelity of A-3, his wife, and that had given cause for the difference between him and A-3. He was living all alone separately in a house situated in the Dark- hast land allotted to him by the Government. He had erected a small house covered by thatched roof. The house was surrounded by dwarf walls on three sides with a thattiwali on the other side with a thatti door. He used to work as a cooly and make his living. On Septem

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