( 1 ) THE State of Karnataka has assailed the acquittal of the respondent who was the accused in Sessions Case No. 125/94 in the Court of the III Additional Sessions Judge, Belgaum. The charge against the accused was that on 23-12-1993 at about 19. 30 hours that he had assaulted the deceased-Shantabai with an axe and inflicted fatal injuries on her as a result of which she died. The background to the case as alleged by the prosecution was that Shantabai's husband had died about twelve years earlier and that the accused had been carrying on an illicit affair with her for several years. This was objected to by the sons and later on by Shantabai herself, who insisted that theaccused should stop coming to their house. It is alleged that despite this he kept coming there and that about one month earlier he had been finally told not to come to that place any more. According to the son - P. W. 1 - Anil, he is working in a brick kiln and that his mother used to bring his food to him. He states that on the afternoon of the day of the incident Shantabai told him that the accused had come to the house that he had fought with her and stated that he would come in the evening and se