ANSHAD SHASHI ALIAS SHASHIDHARAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These are appeals by special leave and since they arise out of the common judgment of the High court, they are being disposed of together,

(2.) Rajan (A-l) , Shashi (A-2, Anshad (A-3, Raju (A-4 and Raghu (A-5 were tried by the Second Additional Sessions Judge, Bangalore for offences under S. 396, 449, 395 and 307 Indian Penal Code and convicted. They were sentenced to suffer imprisonment for life and to pay a fine of Rs. 250. 00 each and in default to suffer rigorous imprisonment for three months under each of the charges under S. 449 Indian Penal Code, 396 Indian Penal Code as well as under Section 307 Indian Penal Code. Separate sentence for offence under Section 395 Indian Penal Code wasnot passed by the learned trial court which rendered its judgment on 8/5/1992. The appellants challenged their conviction and sentence in the High court and the State also filed an appeal seeking enhancement of the sentence of imprisonment. The High court vide its judgment dated 16/11/1993, dismissed the appeal filed by the appellants but partly allowed the appeal filed by the State in respect of A-1, A-2 and A-3. Their sentence of life imprisonment was enhanced to that of death sentence.

(3.) The prosecution case is as follows. A-1 who is a painter by profession developed acquaintanceship with the deceased Savitri Devi, a widow aged about 60 years, when he was engaged to paint a name board for a school which the deceased wanted to open. He had later on also painted a scenery in the portion of the house occupied by her son Public Witness 36. Since, the school did not function properly it was closed about six months prior to the date of the occurrence which took place on 21/9/1988. The deceased Savitri Devi requested Public Witness 32 to find a tenant for the building in which the school was functioning and indicated the rent she expected as well as the amount of rent to be received in advance. The deceased was living on the second floor of a three-storeyed building called 'savitri Niwas' at Kumara Park, west of Bangalore. There were three tenants living in the basement while the ground floor was vacant and the first floor was occupied by Public Witness 36 Gopal son of the deceased. The ground floor which was lying vacant had in fact been allotted in a family arrangement by Savitri Devi to her second son Public Witness 34.