JUDGMENT

Chandramauli Kr. Prasad, J.:-

Appellant No. 1, Goudappa (Accused No.3), Appellant No.2, Chhannappa @ Ajjappa (Accused No.4) and Appellant No. 3, Mahadevappa (Accused No.5) aggrieved by their conviction and sentence, have preferred this appeal with the leave of the court.

2. Altogether five brothers namely, Basappa, Vipakshappa, Goudappa, Channappa @ Ajjappa and Mahadevappa were put on trial for offence under Section 143, 148, 452, 341, 302, 427, 504 and 506 read with Section 149 of the Indian Penal Code. The trial court acquitted accused no. 1, Basappa and accused no. 2 Vipakshappa of all the charges. Accused no. 3, Goudappa and accused no. 4, Channappa @ Ajjappa were, however, held guilty under Section 304, Part II read with Section 109 of the Indian Penal Code and sentenced to undergo simple imprisonment for one year. Accused no. 5, Mahadevappa has been convicted under Section 304, Part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years. They have, however, been acquitted of all other charges.

3. State of Karnataka, aggrieved by the order of acquittal of the aforesaid two accused and conviction of other three only under Section 304,