JUDGMENT :

P.N. DESAI, J.

This appeal arises out of the judgment of acquittal passed by learned Prl. Sessions Judge, Mandya in S.C.No.95/2012, wherein the respondents/accused were acquitted for the offences punishable under sections 498A and 302 IPC r/w section 34 of IPC.

2. The brief case of the prosecution is that :-

Accused No.1 Nagaraju was married to one Roopa of Bujavalli village, eight years prior to the incident. After marriage, they left to Bengaluru, where accused No.1 was running an autorickshaw. It is further contended that accused No.1 started consuming alcohol and availed loan and started physically assaulting Roopa. They have got two children from the marriage. Thereafter, they shifted to different places viz., Bangalore, Channapatna and K.R. Pete and finally returned to their village Bujavalli and started residing there.

It is further case of the prosecution on 27.11.2011 at about 9.00 p.m., when deceased Roopa was in her house, her husband Nagaraju, accused No.2 Boraiah and accused No.3 Thimmaiah were sitting in front of her house. Then, after sometime, all the three accused came inside the house and accused No.1 Nagaraju asked her as to any person visited the house in