1. Since these two appeals are in respect of the judgment and order of acquittal passed by the learned Sessions Judge, Hassan in S.C.No.26/2011, they are taken together to dispose of them by this common judgment.

2. Crl.A.No.854/2012 is preferred by the State and Crl.A.No.255/2013 is preferred by complainant as against the respondents-accused Nos.1 to 4.

3. By the impugned judgment and order of acquittal passed by the Court below, the respondents 1 to 4 in both the appeals were acquitted for the offences punishable under Sections 448, 302, 109 r/w Section 34 of IPC.

4. Brief facts of the prosecution case as per the complaint averments are, P.W.1 is the wife of the deceased. She has stated in the complaint that she married the deceased D.C.Subbegowda in the year 2000 and they are having a daughter by name Mahanya. The father-in-law of the complainant was having five sons. The husband of the complainant is the second son. Eldest is one D.C.Ravi, who is no more. The husband of the complainant and his brothers D.C.Natesh, D.C.Jagadish and D.C.Lokesh all are married. The property of the father-in-law of the complainant is already divided. Husband of the complainant was cultivating the properties fallen to his share and also the share of D.C.Jagadish P.W.6. D.C.Natesh and D.C.Lokesh Accused Nos.1 and 4 herein were staying together and were enjoying their properties together. Accused Nos.1 and 4 on the ground that the partition effected is not proper, were having enmity and often making galata against the husband of the complainant. Accused No.2 being the son of elder brother of the deceased was making galata with his mother that she has to execute power of attorney in his favour in respect of the properties, for which, the husband of the complainant had helped the mother of accused No.2 and due to that reason, accused No.2 was having enmity as against the husband of the complainant. As the complainant was carrying pregnancy she was in her parental place at Bharathi Bylu, Belagodu village. On 8.7.2010 in the morning at 10.00 a.m. one A.K.Ravi of Avarekadu village, relative, called her over phone and informed about the murder of her husband and that his body is lying on the bed in the bedroom. Immediately the complainant, her father and her three uncles went to Donahalli to the house of the deceased at 12.00 noon and saw that her husband was lying dead on the cot. When they enquired with A.K.Ravi she was informed that P.W.2 Gurava, the line worker came near the house at 7.00 a.m. and called the husband of the complainant, as he did not hear anything from him, he became panic and called P.W.10 Appanna Gowda and informed about the same. Then P.W.10 also came to the house of the deceased and he also called the husband of the complainant and since he did not receive any reply, he peeped through the window and saw that husband of the complainant was lying on the bed as if he is sleeping and on being perplexed, he informed the relatives of the complainant over phone. Then the complainant and her relatives came along with them. Even P.W.10 Appanna Gowda also came to the spot at that time. They noticed that the lock put to the door was open and the key was inside the lock and the door was latched from inside. Pawan A.R. went inside the house through the passage and also opened the latch put to the front door and they all went inside the house and noticed that husband of the complainant was lying dead on the bed. They have also noticed injuries on his right hand little finger, elbow and also on the neck. They also came to know that P.W.4 Sumathi when she came for cleaning at about 6.30 a.m. in front of the house of the complainant D.C.Nateshaccused No.1 and D.R.Enithraj-accused No.2 went from the said place holding bags in their hands. She has informed that the jeep of accused No.1 always supposed to be in front of the house, but on that day it was not there and Shakuntala, the wife of accused No.1 was also not in the house. It is state