(1.) Both these appeals have been filed against the impugned judgment and order dated 31st March, 2004 passed by the High Court of Karnataka at Bangalore, dismissing the Criminal Appeal No. 839 of 2001 and allowing Criminal Appeal No. 1132 of 2001, filed by the State. The High Court has dismissed the appeal of appellant Bhimanna, against the order of conviction under Section 302 by the trial court, but allowed the appeal of the State against the appellants in Criminal Appeal No. 171 of 2005 herein, reversing the judgment of the trial court, acquitting them of the charge under Section 302 of the Indian Penal Code, 1860 (hereinafter called 'IPC') and awarding them life imprisonment.
(2.) Facts and circumstances giving rise to these appeals are as follows:
(3.) Shri Basava Prabhu S. Patil, learned senior counsel appearing for the appellants, has submitted that Bhimanna (A-2) was wrongly convicted by the courts below under Section 302 read with Section 34 IPC, as the prosecution failed to explain adequately the genesis of the case. The deceased Bheemanna had no land in close proximity to the land of A-2. Therefore, the question of any dispute could not arise.
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