JUDGMENT :

K. SOMASHEKAR, J.

1. This appeal is directed against the judgment of acquittal rendered by the learned II Additional District and Sessions Judge, Chikkaballapur Sitting at Chintamani, in S.C. No. 48/2011 dated 27.09.2015, whereby acquitted the accused for the offences punishable under Section 302 of IPC, 1860.

2. In this appeal, the State is seeking intervention and further seeking setting aside the judgment of acquittal rendered by the Trial Court and consequently, accused be convicted for the offence punishable under Section 302 of IPC, 1860.

3. Heard learned HCGP for State and so also, learned counsel Sri Shashidhar, for respondent-Accused and perused the impugned judgment of acquittal rendered by the Trial Court in S.C. No. 48/2014 and also the evidence of PWs. 1 to 15, inclusive of Exs.P1 to P18 and MOs.1 to 3 and so also the part of statement of Seethamma which is marked as Ex.D1.

4. The factual matrix of the appeal is as under:

It is transpired in the case of the prosecution that accused, namely, Narasimhamurthy @ Murthy and deceased Munirathnamma @ Rathnamma were working as Mason since 5 years and deceased was the kept mistress of the accused. Both the deceased and acc