1. This appeal is by State against the judgment of acquittal in Sessions Case No. 109/1998 dated 16th July 2004 on the file of Additional Sessions Judge, Belgaum.

2. Accused No.1 – Kallappa Somanna Kamble accused No.2 – Sanjeev Kallappa Kamble and accused No.3- Babasab @ Baban Kallappa Kamble were tried for an offence punishable under Sections 302,307,504 read with Section 34 of the Indian Penal Code.

3. Deceased Shankar is the father of PWs-1, 2, 6 and 8 and husband of PW-7. PWs-1, 2, 6, 7 and the deceased had gone to their land on 18.12.1997 to form a road for the transportation of the sugar cane from their land. At about 9 a.m., accused came to the spot, picked up a quarrel by abusing the deceased as well as his children. Accused No.1 assaulted the deceased with a knife on his stomach, accused No.2 assaulted with stick on his head and accused N0.3 assaulted with stick on the forehead. When PW-6 went to the rescue of her father, accused No.2 assaulted her with a stick on the left side of her head. Accused No.1 assaulted PW-1 with knife on his right shoulder, accused No.3 also assaulted with a stick on his right forearm, accused No.2 assaulted with a stick on his head a