These appeals are preferred against the same judgments. The Crl.A.No.1329/2012 is preferred by accused No.1 and connected Crl.A.No.1330/2012 is preferred by accused No.2 and 3. Hence both appeals were taken up together for the disposal by this common judgment.

2. The appellants being aggrieved by the judgment and order of conviction dated 5.10.2012 passed by the Principle Sessions Judge at Chickmagaluru in S.C. No.85/2011, wherein the appellants/accused No. 1 to 3 were convicted for the offences punishable under sections 302, 324 read with section 34 of I.P.C.

3. Brief facts of the prosecution case before the Police by way of complaint are:

One Lingaraju S/o H.B is the complainant who lodged the complaint as per Ex.P.1, wherein he has stated that his sister Geetha was given in marriage to one Devendra. Geetha was having four children all of them were females. By the side of the house of Devendra, there was the house of Purushothama @ Shama and his brother Shivakurmar and also the mother Parvathamma who were also staying as neighbours. Since six months, accused No.1 Purushothama was propagating in the village that he is having illicit connection with Geetha, the sister of complainant and he made her pregnant and got aborted the same. In this connection there was galata number of times between Devendra and accused No.1 and they quarreled with each other. On 29.01.2011 also in the evening accused No.1 propagated before others that he is having illicit relationship with Geetha and he also told that he is going to marry and look after her and her four children. Therefore on 30.01.2011 during the night, the complainant, his mother Halamma and his sister Sakamma decided to enquire with accused No.1 and they went towards the house of accused No.1 at 7.30 p.m. At the same time accused No.1 met with them near by his house. The mother of the complainant asked accused No.1 why he is making such a false propaganda against Geetha. At that time accused No.1 started shouting against Halamma telling that he wants to marry her. After hearing the shouting Devendra also came to the said place and in the mean while accused No.1Purushotham’s mother Parvathamma and brother Shivakumar also came there. Shivakumar assaulted on the back of the mother of the complainant with club and accused No.3 Parvathamma caught hold the mother of the complainant tightly, in the meanwhile accused No.1 Purushotham assaulted the mother of the complainant on her head with katti, due to pain she started screaming loudly. Then complainant and his sister Sakamma and brother-in-law Devendra went to pacify the quarrel but accused No.2 Shivakumar assaulted Sakamma with club on her back. At that time Devendra made an attempt to caught hold Shivakumar, but Shivakumar bite the middle finger of Devendra and caused bleeding injuries. In the meanwhile, mother of the complainant lost her conscious and she fell on the ground and she was not in a position to talk. Immediately Devendra shifted her in the ambulance and went to Chikkamagalur Government Hospital and after examining her, doctor told that she is already dead. When they went to enquire accused No.1 why accused No.1 is making such propaganda against Geetha, then all the 3 accused persons with an intention to cause the said incident assaulted Halamma with ‘katti’ and club and committed her murder. Hence the complainant requested to take appropriate action against the accused persons. On the basis of the said complaint, case came to be registered in Crime No.11/2011 for the offences punishable under Sections 324, 302 r/w 34 of I.P.C.

4. After conducting investigation, I.O filed charge sheet against accused persons for the offences punishable under Sections 324, 302 r/w 34 of I.P.C.

5. After hearing both sides, learned Sessions Judge framed the charges against accused persons for the offences punishable under Sections 324, 302 r/w 34 of I.P.C. When the charges were read over and explained, accused denied the charges and clai