SOMNATH IYER, J : Accused 1, 2, 3 and 8 who were convicted by the Sessions Judge of Gulbarga of an offence of lurking house trespass punishable under section 457, and, of an offence of murder punishable under Section 302 read with section 34 of the Penal Code, and, who were sentenced to rigorous imprisonment for a period of four years for the first offence and to imprisonment for life for the second, are the appellants before us.

2. In the village of Naribol in the District of Gulbarga there was one Doddiah who was a rich landowner owning as large an estate as 1,200 acres of laud, He died leaving behind him his minor son Sivamanappa. After the death of Doddiah, Sivamanappa's mother's sister Parvathamma assumed management of the minor's estate and continued to manage it until Sivamanappa attained majority. Sivamanappa gave Parvathamma when he resumed management of his own estate, some 60 acres of land for her own maintenance and thereafter Parvathamma was living separately from Sivamanappa.

3. Parvathamma met with her death on the night of May, 7, 1963 in consequence of serious injuries inflicted on her by someone. According to the prosecution case, she was killed by accused