(1.) The respondents (hereinafter referred as 'accused 1 & 2) were tried and acquitted of an offence punishable under section 302 r/w 34 IPC. Therefore, the State is before this court.
(2.) We have heard Sri Vijayakumar Majage, learned HCGP for State and Sri S.Vishwajith Shetty, learned counsel for accused.
(3.) In brief, the case of prosecution is as follows:- Accused No.1-Ramappa @ Ramesha is the husband of accused No.2-Heramani Chandravva @ Chandramma. They are the natives of Arikere Village, Bilagi Taluk, Bagalkot District. Deceased Thippesha was a resident of Kasaraki Village, Bilagi Taluk, Bagalkot District. Deceased Thippesha had developed illicit intimacy with accused No.2-Heramani Chandravva @ Chandramma. Therefore, he brought her to Dakshina Kannada. Deceased Thippesha joined as a Watchman in a foundry by name M/s.Krishna Castings, of which PW1-C.V.Gopalakrishna was the owner. Deceased Thippesha was working as a Watchman. PW1- C.V.Gopalakrishna had provided a watchman shed in which deceased Thippesha and accused No.2 were residing as husband and wife. Accused No.1 along with his two children came to the place of work of accused No.2 and deceased on 04.12.2008. Accused No.1 and his children stayed with accused No.2 and deceased Thippesha in watchman shed till 07.12.2008.