JUDGMENT :

The appellants were convicted by the learned I Addl. Sessions Judge, Mysuru, (hereinafter for brevity referred to as “trial Court”) in S.C.No.302/2012, by the judgment of conviction dated 9.12.2013 and order on sentence dated 10.12.2013, for the offences punishable under Sections 307 and 324 read with Section 34 of Indian Penal Code, 1860 (hereinafter for brevity referred to as ‘IPC’).

2. The summary of the case of the prosecution is that the elder sister of the complainant (PW4) Imran, is PW5–Apsari. She is the wife of accused No.2/appellant No.2 herein and was married to him about one year prior to the date of the incident. Since she was subjected to cruelty for demand of dowry and was deserted by her husband while she was pregnant, she was living in her parents’ house, where she gave birth to a baby girl. In order to enter the name of the said baby girl in the Below Poverty Line (BPL) Ration Card maintained in the family of said Apsari, which was required to avail the benefit under Bhagyalakshmi Scheme launched by the State Government, on 16.12.2011, at about 8.00 p.m., PW5 – Apsari and mother, cousin brother, aunt, younger brother of said PW5 Apsari, went to the house