1. This appeal is preferred by the State against the judgment and order of acquittal passed by the Prl. Sessions Judge, Bangalore Rural District, Bangalore in Sessions Case Nos.41/2004 and 3/2006, dated: 11.09.2008.

2. All the five accused/respondents were charged for the offences punishable under Section 147 read with 149, 302 read with 149, 307 read with 149, 114 read with 149 of IPC.

3. Case of the prosecution in brief is that, deceased is the elder brother of accused Nos. 1 to 3; accused No.4 is the father of the deceased and accused Nos. 1 to 3; accused No.5 is the younger brother of the accused No.4 i.e., uncle of the deceased and accused Nos. 1 to 3. Partition had taken place between the family members. Agricultural lands were being enjoyed by the parties separately as per the partition. However, one jackfruit tree and a bore well was kept joint among the brothers and the same are to be enjoyed by the brothers jointly.

In the evening of 04.05.2003, accused No.1 scolded the wife of the deceased on the ground that the son of the deceased had plucked the raw jackfruit from the jackfruit trees; accused No.1 was of the view that the raw jackfruit cannot be used by an