This appeal is preferred by the State being aggrieved by the judgment and order of acquittal dated 28.03.2012 passed in S.C.No.1119/2010 c/w S.C.No.1010/2008 on the file of the XXXII Addl. City Civil and Sessions Judge and Special Judge for CBI cases, Bengaluru (CCH No.34).

2. Brief facts of the prosecution case as per the complaint Ex.P1 are that, there was enmity between the deceased persons, namely Dinesh and Prasanna with the accused persons. Deceased had settled the civil litigation between one Gopala Gowda and Puttappa and earned commission of Rs.2 lakhs. In this regard, the accused persons were jealous against the deceased. Further in respect of an incident with regard to teasing of a girl of Boganahalli village by the boys of Kadubeesanahalli village, the deceased had warned and advised the accused persons and there was a quarrel between them. As such, there was ill will between the deceased and the accused persons. The accused persons were grinding axe against the deceased. Further, on 2.4.2008 at about 9.30 p.m. in the 2nd cross of Kadubeesanahalli village in front of the shop of accused No.5 when deceased persons namely, Dinesh and Prasanna had gone in the santr