REGISTRAR GENERAL HIGH COURT OF KARNATAKA Vs. MALLIKA

JUDGEMENT

(1.) THIS reference under section 366 of Criminal Procedure Code [Cr.PC] is made by the Presiding Officer, Fast Track Court -I, Tumkur, in SC No. 164/2008 whereunder he has convicted the accused for offence under section 302 of IPC and imposed death sentence on her by Judgment dated 24.3.2009 and Order dated 28.3.2009.

(2.) THE accused also has challenged the order of conviction and sentence in Criminal Appeal No.434/2009. Since both the matters are arising out of the same Judgment, both are heard together. The parties are referred according to their ranking before the trial Court.

(3.) IT is the further case of the prosecution that on 13.12.2007 the accused had gone to the house of the deceased Muniyamma who was the resident of Chikkabommasandra near Yelahanka, Bangalore and had taken her to Hattilakkamma Temple at Yediyur and on 15.12.2007 she has visited Siddalingeshwaraswamy Temple at Yediyur within the jurisdiction of Amruthur Police Station and after securing room No.28 in Parvathi Block of the said Temple, the accused induced deceased Muniyamma to pray by closing her eyes and at about 12.30 in the noon, the accused forcibly administered cyanide into the mouth of the deceased Muniyamma and pressed her mouth while said Muniyamma was closing her eyes and was praying and after the deceased Muniyamma breathed her last, the accused is alleged to have removed the gold chain and gold ole from the body of the deceased and after locking the room from outside she escaped from the scene thereby she is alleged to have committed offence under section 302 of IPC.