HUSSAINAPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) We have heard the learned counsel for the appellants and the learned Additional State Public Prosecutor and have perused the record.

(2.) It was the case of the prosecution that on the intervening night of 5th and 6th August 2005, the Complainant, Channabasappa, of Najirapura, Yadgir taluk, Gulbarga District and his grandson had camped on their field to water their paddy crop during the night. The complainant's wife, Mallamma, was said to be alone at home. It is said that the accused, the appellants herein, with a common intention to commit theft, had trespassed in to the house of the complainant, and after having gained entry into the house through the back door, had forced open a trunk kept in the pooja room and taken a gold ring weighing about 5 grams and while they were looking for other valuables in the kitchen, it transpires that Mallamma, who was sleeping in the "padasala" (foyer or lobby) of the house had come into the house to investigate, apparently woken up by sounds of movement inside the house. When she came upon these three appellants she had questioned them as to their presence in the house and was about to raise an alarm, when the three are said to have immediately overpowered her and had silenced her. Accused no.1, Hussainappa, is said to have thrown her on the floor and squatting on her chest had proceeded to throttle her. Accused no.2, Mahadevappa, is said to have grabbed her hands and closed her mouth to muffle the sounds of her struggle, while accused no.3 , Basanna is said to have held her legs. After she was killed, the accused are said to have taken away the mangala sutra worn by her and had left, after having laid her body on the cot, in the padasala of the house. It is said that the time was about 1:15 AM, when they left, as they were seen passing by at that time by one of the prosecution witnesses, who was said to be living nearby.

(3.) Shri Nanda Kishore Boob, the learned counsel appearing for the appellants, elaborating on the grounds of appeal, seeks to highlight the following circumstances.