REGISTRAR GENERAL, HIGH COURT OF KARNATAKA, BENGALURU Vs. MUNIKRISHNA ALIAS KRISHNA S/O VENKATASWAMY AND OTHERS

JUDGEMENT

(1.) The case of the prosecution is that on 02.02.2000 at about 10.30 a.m. certain persons with a common intention to commit murder and dacoity, armed with deadly weapons, gained illegal entry into the house bearing No. 309 situated at OMBR layout, 5th A Cross, Bhuvaneshwari Nagar, Bengaluru, belonging to PW1 - Smt.Shoba Shetty, on the pretext of asking drinking water. When the deceased Kumari Raksha opened the door, all the accused caught hold of her and slit her throat and committed murder by inflicting severe injuries all over her body by using a knife and chopper and killed her. They robbed gold articles and thereby committed the offence under Sections 396 read with 34 of Indian Penal Code, 1860 (for short "IPC").

(2.) On the basis of the complaint lodged by PW-1 - the mother of deceased, a case was registered in Crime No. 37 of 2000 before the Ramamurthynagara Police Station, Bengaluru, under Sections 448, 392 and 302 of IPC against unknown persons. After investigation, a charge sheet was filed against 11 accused for the offence punishable under Sections 302 and 396 of IPC. Charges were framed under Sections 396 read with 34 of IPC against accused Nos.1 to 3 and 7. A split up charge sheet was filed for the remaining accused, since they were absconding. By the impugned judgment, accused Nos.1 to 3 and 7 were convicted and sentenced to death, for the offence punishable under Section 396 of IPC and directed to pay a fine of Rs.5,000/- each.

(3.) In order to prove their case, the prosecution examined 14 witnesses, marked 22 exhibits along with 36 material objects. The defence marked 2 exhibits. The Trial Court convicted the accused Nos.1 to 3 and 7 for the offence punishable under Sections 396 read with 34 of IPC. Aggrieved by the same, Criminal Appeal No. 1331 of 2010 is filed by accused Nos.3 and 7, Criminal Appeal No. 712 of 2011 is filed by accused Nos.1 and 2 and Criminal Referred Case No. 8 of 2010 has been registered on the basis of a reference made by the Trial Court under Section 366(1) of Cr.P.C.