Mohan M. Shantanagoudar, J.

1. This appeal is filed by the State against the Judgment and order of acquittal passed by Fast Track Court-II, Shimoga in S.C. No.124/2004. The accused were charged, tried and acquitted for the offences under Sections 449, 392 and 302 r/w Section 34 I.P.C.

2. This appeal arises out of merciless and ghastly murder of the old couple in their farm house for gain.

Case of the prosecution in brief is that accused No.1 was acquainted with both the deceased; deceased U.B. Manjunath Ithal is husband of deceased Kalavathi Ithal; accused No.1 is the friend of accused No.2; accused Nos.1 and 2 with the common intention of committing robbery of the house of deceased and murder of the deceased trespassed into the farm house of the deceased in between 9.00 to 9.30 p.m. on 14.11.2003, murdered both the deceased and robbed silver, gold and diamond articles worth Rs.1,71,000/- apart from certain cash. On the following morning, PW-3 – Lakshman the servant working in the house of the deceased went to the house of the deceased to attend the work as usual and noticed the dead body of the deceased Kalavathi Ithal through the window and also noticed the blood marks near