MOHAN M. SHANTANAGOUDAR, J.-State has filed this appeal against the Judgment and Order of acquittal passed by the II Additional City Civil & Sessions Judge, Bangalore City in S.C. No. 158/2005. Though the complaint came to be lodged against number of persons initially, the charge sheet came to be filed by the Police after investigation only against three persons viz., Lokesha, H.S. Sridhara and Shivakumar @ Kumara. Accused No. 1-Lokesha expired on the next date of the incident by consuming poison. Thus the charge came to be framed against Accused Nos. 2 and 3 only. However during the course of trial, Accused No. 3-Shivakumar @ Kumara also expired due to illness. Thus the judgment came to be pronounced only against Accused No. 2-Sridhara acquitting him. Consequently, the appeal came to be filed by the State against Accused No. 2 only.

2. The case of the prosecution in brief is that the deceased is the mother of the complainant. The complainant's father owns a site in the village and the said site is situated adjacent to the site of Siddagangamma (mother of the accused). Twenty days prior to the incident, Accused Nos. 1 to 3 had encroached the site of the father of the complai