Two persons, namely, Eramma D 1 and Hanamantappa D 2 lost their lives in the incident.
P.C. denied the case of the prosecution and pleaded their false implication on account of enmity.
They brought the dead body of Eramma in front of the hut and thereafter ran away.
At about 9.30 p.m. on 11.12.1989, A 1 and A 2 armed with axes and A 3 and A 4 armed with sticks came to the hut where Hanamantappa D 2 was standing and started assaulting him.
Eramma was married to A 1 and they were living in a hut in Sagar Camp.
After companypleting investigation, charge sheet was submitted against all the four accused.
In order to establish its case, the prosecution examined 20 witnesses and filed some documentary evidence.
The first wife of Hanamantappa died and then he married PW7 Mallamma about 3 years prior to the incident, but they companyld number pull on together and she went back to her parents home.
Some time before the incident, their relations soured and they started living separately in separate huts.
Eramma D 1 raised an alarm on which persons from the neighbourhood came there.
Hanamantappa then developed illicit intimacy with Eramma and both of them started living together in the same hut in Sagar Camp.
P.C. The accused were arrested on 4.1.1990 and at the pointing out of A 1 and A 2, axes were recovered from hay stack and some blood stained clothes were also recovered.
Apprehending danger to her life, she tried to run away but the accused chased her and after catching hold assaulted her with axes and sticks, as a result of which she sustained injuries and died.
The case of the prosecution in brief is that accused Amajappa A 1 , Kunte Yankappa A 2 and Yallappa A 3 are real brothers and accused Yamanurappa A 4 is their sisters son.
P. Mathur, J. The State of Karnataka has preferred this appeal by special leave against the judgment and order dated 19.4.1993 of Karnataka High Court by which the appeal preferred by the accused respondents was allowed and their companyviction and sentence as recorded by the Sessions Judge, Raichur by the judgment and order dated 25.11.1991 were set aside.
The accused in their statement under Section 313 Cr.
