JUDGMENT

M. S. Nesargi, J. - The state has challenged the judgment of acquitting passed by the XVIII Additional City Civil and Sessions Judge, Bangalore City on 2-1-1985 in Sessions Case No. 32 of 1983 acquitting the .respondents, who were accused Nos. 1 and 2 before him, for having committed the offence punishable under section 302 readwit4 34 I.P.C.

2. The deceased is one Ramesh, son of Sri Krihnaswamy Rao.

3. The undisputed facts are that the deceased was residing in his house No. 6/5. 9th cross, Adarsha Nagar, Chamarajpet, Bangalore. He was a bachelor, aged about 38. It 38 years at the time of his death, which has taken place during the night between 14th and 15th December, 1982. A 2 has not disputed that she was the mistress of the deceased for more than 7-8 years prior to the date of incident. She was also residing in house in Kotige Ramachandra Kao's Vatara, in which the house of the deceased is situated. She was often visiting the house of Ramesh, the deceased, during night-time. She had filed an application claiming maintenance from her husband P.W.7 and had secured an order in her favour.

4. The prosecution case is that while A. 2 was attending to her case for maintenance