The judgment and order of conviction and sentence dated 7.7.2012 passed by the Sessions Judge, Kodagu, Madikeri in SC.No.40/2008, by which accused Nos.1 and 2 appellants herein are convicted for the offences punishable under Sections 302 and 201 IPC, is called in question in this appeal by the convicted accused.

2. Case of the prosecution in brief is that complainant S.S. Kumari is the daughter of the deceased Sannappa. Deceased belonged to Madiwala Shetty community. Wife of the deceased CW.2 Sharada belongs to Telugu Banajiga Shetty community. Accused are the sons of senior paternal uncle of CW.2 Sharada. Because of intercaste marriage of CW.2 and the deceased, accused persons had an illwill against the deceased. According to them, deceased belonged to lower caste and therefore they were not visiting the house of the deceased. Accused persons used to interfere in the family affairs of the deceased and they tried to see that his son Cheluvaraju should not stay with the deceased and made him to leave his house. Cheluvaraju left his house and went to Bangalore, where he got married. When facts stood thus, on 7.12.2007, there was marriage of the daughter of the elder brother